Mossa v. Provident Life & Casualty Insurance

MEMORANDUM OF DECISION

DEARIE, District Judge.

Plaintiff Patrick Mossa (“plaintiff’ or the “insured”) brought this action against Provident Life and Casualty Insurance Company-(“defendant” or the “insurer”) to recover total disability benefits under a disability policy (the “Policy”) purchased from defendant. Defendant moves for summary judgment, arguing that plaintiff is able to engage in any number of gainful occupations and is therefore not “totally disabled” within the meaning of the Policy. For the reasons set forth below, defendant’s motion is denied.

FACTS

In January 1973, plaintiff earned…