Chisom v Columbia Mut. Life Ins. Co.

Chisom v Columbia Mut. Life Ins. Co. 2012 NY Slip Op 09186 Decided on December 27, 2012 Appellate Division, First Department 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.
8922 307442/09

[*1]Ann Chisom, Plaintiff-Appellant,

v

Columbia Mutual Life Insurance Co., Defendant-Respondent.




Sandra D. Frelix, New York, for appellant.
Gold Benes LLP, Bellmore (Jeffrey B. Gold of counsel), for
respondent.

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

CLERK