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POPKIN v. NATIONAL BEN. LIFE INS. CO.

No. 86 Civ. 4109 (WCC).

711 F.Supp. 1194 (1989)

Gerald H. POPKIN, Plaintiff, v. NATIONAL BENEFIT LIFE INSURANCE COMPANY, Defendant.

United States District Court, S.D. New York.

April 27, 1989.

Attorney(s) appearing for the Case

Burns & Levinson, Boston, Mass., Irving Levin, New York City, for plaintiff; John A. Donovan, Jr., Michael Weinberg, of counsel.

Kelley, Drye & Warren, New York City, for defendant; Jeffrey S. Cook, Neil Merkl, of counsel.

OPINION AND ORDER

WILLIAM C. CONNER, District Judge:

Defendant National Benefit Life Insurance ("National Benefit") moves to dismiss the Complaint and for summary judgment pursuant to Rules 12 and 56, Fed.R.Civ.P. The motion is granted in part, and denied in part.

BACKGROUND

In 1972, plaintiff Gerald H. Popkin ("Popkin") was asked by the Alumni Association of the University of Massachusetts at Amherst ("Amherst") to start a group life insurance...

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