Kessler v. Home Life Insurance

ORDER

DAVIS, District Judge.

This is a breach of contract action founded on Maryland law. Defendants have declined to pay benefits under a disability policy issued to plaintiff Kessler on the ground, inter alia, that Kessler’s psychiatric condition “manifested itself’ prior to the issuance of the policy and therefore any disability arising from that condition is not a covered disability. Kessler counters that the policy defines covered illnesses in a manner that runs afoul of the Maryland Insurance Code, to wit, it seeks to avoid the obligation to cover preexisting conditions after the period…