When a husband breaches a life insurance agreement that expressly requires the husband to maintain his life insurance policy, does he breach the agreement by failing to maintain the policy?

In further support of her argument, Respondent cites DeBenedettis v. DeBenedettis [144 A.D.2d 527, 534 N.Y.S.2d 405 (2d Dept. 1988) ], which similarly concerned a separation agreement that expressly required the husband to maintain a life insurance policy. The DeBenedettis court held that the moment the husband failed to maintain his life insurance policy in 1971, he breached the separation agreement. Thus, when the wife sought to enforce the agreement 15 years later in 1986, her claim was time-barred. The DeBenedettis court noted, however, that the wife had been specifically informed of the husband's breach at the exact time the breach occurred: "Significantly, the defendant was advised in 1971 that the premiums had not

[67 Misc.3d 482]