Equitable Life Assurance Society of United States v. Sullivan

Banke, Judge.

The plaintiff/appellee filed suit to recover $1,725.05 allegedly due her under a group medical insurance plan issued by The Equitable Life Assurance Society of the United States, naming as defendants both the insurance company and her former employer, Pet Incorporated. Jury trial was waived, and the case was submitted to the trial court on the following stipulated facts.

After many years of employment with Pet Incorporated, the plaintiff became disabled in December of 1976, due to a respiratory condition later diagnosed as asthma and emphysema. She was terminated 18 months later,…