New York Supreme and/or Appellate Courts Appellate Division, First Department
December 27, 2012
COLUMBIA MUTUAL LIFE INSURANCE CO.,
Chisom v Columbia Mut. Life Ins. Co.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on December 27, 2012 Mazzarelli, J.P., Moskowitz, DeGrasse, Manzanet-Daniels, Clark, JJ.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 20, 2011, which, inter alia, granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant demonstrated that it paid plaintiff the full benefit of her late husband's life insurance policy and that therefore there was no breach of contract. We reject plaintiff's attempt to assert a cause of action for tortious conduct based on defendant's initial conclusion that the policy had lapsed and its ensuing, very brief, investigation, which resulted in the issuance of a check to plaintiff (see Royal Indem. Co. v Salomon Smith Barney, 308 AD2d 349 [1st Dept 2003]).
We have considered plaintiff's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: DECEMBER 27, 2012
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