Opinion
January 19, 1999.
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order is affirmed, with costs.
In an action to recover the proceeds of a life insurance policy, the Statute of Limitations begins to run upon the death of the insured ( see, e.g., Continental Cas. Co. v. Stronghold Ins. Co., 866 F. Supp. 143, 145, n 1, affd 77 F.3d 16; Shaw v. Union Mut. Life Ins. Co., 91 Misc.2d 64; see also, Stewart v. Penn Mut. Life Ins. Co., 266 App. Div. 617, 619, affd 293 N.Y. 674). Such a rule comports with the reasoning that in, at least, certain types of insurance, a cause of action accrues immediately upon the happening of the loss insured against, because that is when a claim may be brought and the proceeds of the policy are due ( see, e.g., Continental Cas. Co. v. Stronghold Ins; Co., supra, at 20). Accordingly, because Joseph Gallo died on December 1, 1988, his wife had until December 1, 1994, to sue for the proceeds of his life insurance policy, and the instant action, commenced in July 1996, is time-barred.
The plaintiff's remaining contentions are without merit.
Santucci, J.P., Altman, Friedmann and McGinity, JJ., concur.