Insurance policy voided after premium deadline missed
The New York State Supreme Court. Photo: Mark Lennihan/AP.
By Robert Abruzzese, Courthouse Editor
February 23, 2024
Copy Link
Email
Facebook
X
LinkedIn
WhatsApp
Telegram
Pinterest
Print
Jacob Feldman’s appeal against Nassau Life Insurance Company was decided in the Supreme Court, Kings County, presided over by Justice Robin Sheares. Feldman sought a declaration that his $3,000,000 life insurance policy, insuring Henrich Feldman and issued in 2008, remained valid despite the insurer’s claim of termination due to nonpayment of premiums. The Supreme Court initially granted the insurer’s motion to dismiss Feldman’s complaint, based on the argument that all requisite notices had been duly sent to Feldman, informing him of the impending policy lapse due to the unpaid premium, with the final payment deadline set for Sept. 30, 2019.
Hon. Robin Sheares. Photo: Rob Abruzzese/Brooklyn Eagle
Feldman contended he had mailed the payment on time, but the insurer argued the payment was not received by the deadline, leading to the policy’s termination. The appellate court, upon review, modified the lower court’s order, treating the insurer’s dismissal motion as a request for a declaratory judgment in its favor. The appellate court concluded that the insurance company had adhered to the policy’s terms and applicable laws, finding no merit in Feldman’s claims regarding the premium payment’s timing and amount. Consequently, the appellate court affirmed the policy’s termination and remitted the case for entry of a judgment declaring the life insurance policy no longer in effect.
SUNSET PARK — “As a resident of Marine Park, one of the great surprises I found biking around Industry City and visiting Japan Village was to discover Bush Terminal Park. I continue to be amazed at the serene hideaways that the city offers in some of the busiest places — and, still, with an iconic view.”
BROOKLYN HEIGHTS — ‘A miracle that no one was killed …’ That’s what neighbors are saying about the collapse of the Hotel St. George marquee. Shown in this photograph are workmen beginning the removal and repair of the historic, old neon sign at the corner, referencing a relic of Brooklyn Heights’ past: the St. George Hotel.
ATLANTIC AVENUE — Exhausted shopper with cluster of bags and goods from mall at Boerum Place stops to look at huge construction site across the street. “Is that REALLY going to be a jail??” Her male companion is reassuring, “Nothing like Rikers … this is 21st Century.”
BROOKLYN HEIGHTS — Overheard in line at one of most popular pastry outlets on Montague Street: “Hope I can get them into a camp …” A mother with two pre-schoolers in tow was showing a friend the Dodge Y flyer for Healthy Kids Day on Saturday, April 18.
