Metropolitan Life Insurance Co. v. Tomchik

Gene Donofrio, Judge.

Defendant-appellant, David Tomchik, appeals the decision of the Columbiana County Court of Common Pleas finding in favor of plaintiff-appellee, Metropolitan Life Insurance Company (“MetLife”), in its declaratory judgment action.

On January 16, 1994, appellant, a licensed podiatrist, amputated his thumb while operating a band saw at his home. Appellant filed claims with his disability insurers, New York Life Insurance Company, and appellee, MetLife. MetLife denied appellant’s claim and on September 21, 1994 filed a declaratory judgment action in the Columbiana County Court…