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MOSS v. SUNLIFE INS. AND ANNUITY CO. OF NEW YORK

No. 94 Civ. 3620 (LAK).

907 F.Supp. 747 (1995)

Linda MOSS, Plaintiff, v. SUNLIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK, Defendant. SUNLIFE INSURANCE AND ANNUITY COMPANY OF NEW YORK, Third-Party Plaintiff, v. U.S. TELE-COMM, INC., Barry Berman and Peter Gordon, Third-Party Defendants.

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

December 15, 1995.

Attorney(s) appearing for the Case

Frederick R. Dettmer, Karen M. Streisfeld, Law Office of Frederick R. Dettmer, New York City, for Plaintiff.

David K. Fiveson, Butler, Fitzgerald & Potter, New York City, for defendant SunLife Insurance and Annuity Company of New York.

Neil Friedkin, Lamendola & Friedkin, Great Neck, NY, for third-party defendants U.S. Tele-Comm, Inc., Barry Berman and Peter Gordon.

KAPLAN, District Judge.

Linda Moss brings this action under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001 et seq., to recover the $300,000 death benefit on a group life insurance policy that allegedly covered her late husband, Eric Moss, the former general counsel of third party defendant U.S. Tele-Comm, Inc. ("Telecomm"). The defendant, SunLife Insurance and Annuity Company of New York ("SunLife"), suspects that Moss was...

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