Summary
computing three-year period of limitations from time policy was issued
Summary of this case from Hoffmann v. Prudential Ins. Co. of AmericaOpinion
Submitted March 10, 2000.
May 15, 2000.
In an action, inter alia, to recover damages for fraud and misrepresentation in the replacement of an insurance policy, the plaintiff appeals from so much of an order of the Supreme Court, Westchester County (Nicolai, J.), entered May 14, 1999, as granted the respective motions of the defendants Northwestern Mutual Life Insurance Company and Robert P. Flanagan for summary judgment dismissing the complaint insofar as asserted against them.
Bank, Sheer, Servino Seymour, White Plains, N.Y. (Daniel A. Seymour of counsel), for appellant.
Dewey Ballantine, LLP, New York, N.Y. (John F. Collins and John J. Blood of counsel), and D'Amato Lynch, New York, N.Y. (Kevin J. Windels of counsel), for respondents (one brief filed).
Before: GLORIA GOLDSTEIN, J.P., ANITA R. FLORIO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff's claims that the defendants Northwestern Mutual Life Insurance Company (hereinafter Northwestern) and Robert P. Flanagan failed to comply with the regulations of the New York State Insurance Department concerning the sale of new life insurance policies to replace existing coverage are governed by the three-year Statute of Limitations applicable to actions seeking to recover damages for a liability created by statute (see, CPLR 214; Goldberg v. Manufacturers Life Ins. Co., 242 A.D.2d 175, 181; see also, Buccino v. Continental Assur. Co., 578 F. Supp. 1518, 1526). Since this action was commenced more than three years after Northwestern's policy was issued, the plaintiff's causes of action to recover damages for violations of Insurance Law §§ 2123 Ins., 4226 Ins. and 11 N.Y.CRR part 51 are time-barred (see, Goldberg v. Manufacturers Life Ins. Co., supra).
The plaintiff's remaining contentions are without merit.
GOLDSTEIN, J.P., FLORIO, FEUERSTEIN and SCHMIDT, JJ., concur.