798 N.Y.S.2d 816 | N.Y. App. Div. | 2005
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered February 20, 2004. The order granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for summary judgment in a breach of contract action.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum; In this breach of contract action, Supreme Court properly granted defendant’s motion for summary judgment dismissing the complaint and denied plaintiffs cross motion for summary judgment. As the court properly determined, the life insurance policy insuring plaintiffs husband (decedent) terminated 31 days after the premium due February 7, 2001 remained unpaid. Defendant thus established its entitlement to judgment as a matter of law by establishing the termination of the insurance policy based on the failure to pay the premium. Contrary to the contention of plaintiff, she failed to raise a triable issue of fact whether the termination of the policy was invalid. We reject plaintiffs contentions that, in this case, Insurance Law § 3211 (a) (1) required written notice that a premium was due and that the termination of the policy was invalid because written notice was not provided. Insurance Law § 3211 (f) (2) expressly provides that section 3211 does not apply to policies of insurance requiring the payment of monthly