Block v. Teachers Insurance

Rubin and Buckley, JJ.,

dissent in a memorandum by Rubin, J., as follows: At issue is the timeliness of the commencement of this action for breach of a contract of insurance. The subject contract is a group total disability policy issued by defendant Teachers Insurance and Annuity Association of America (TIAA) to the State University of New York in 1969. Plaintiff began receiving total disability benefits under the group insurance policy effective August 1, 1985.

In connection with a review of plaintiffs continuing eligibility for payments under the policy, TIAA required her to submit to…