Marturano v. American Progressive Health Insurance

The defendant herein moves for an order pursuant to rule 113 of the Buies of Civil Practice dismissing the plaintiff’s complaint and directing that summary-judgment be granted in favor of the defendant. The action arises from the refusal of the defendant to pay disability insurance under the terms of a policy issued to the plaintiff September 5, 1952, designated as policy number 210502, in and by which policy plaintiff was insured against loss of time and earnings, hospital, medical and nursing services on account of sickness, illness or disease during the life of the policy.

The plaintiff has…