The U.S. Court of Appeals for the Second Circuit on Monday asked New York’s highest court to decide whether a planned payment into an insurance policy account constitutes a premium “actually paid for any period” under the refund provision of New York’s insurance law.

Susman Godfrey partner Seth Ard represents plaintiff Andrew Nitkewicz, trustee of the family trust for Joan Lupe, who died several months after making an annual premium payment for a life insurance policy.