Legal Opinion

Scalia v. Equitable Life Assurance Society of the United States

Appellate Division of the Supreme Court of the State of New York

Decided June 1, 1998PublishedCited by 20 opinions

1Opinion of the Court

—In an action to obtain disability benefits pursuant to a disability income insurance policy, the defendant Equitable Life Assurance Society of the United States appeals from so much of an order of the Supreme Court, Suffolk County (Hall, J.), dated September 22, 1997, as dismissed its third defense and its first and second counterclaims.

Ordered that the order is affirmed insofar as appealed from, with costs.

The record supports the Supreme Court’s determination that the defendant Equitable Life Assurance Society of the United States (hereinafter Equitable) waived its right to rescind the…

2Cases cited4 opinions

  1. Bible v. John Hancock Mutual Life InsuranceNew York Court of Appeals · 1931
  2. Continental Insurance v. Helmsley Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  3. Hydell v. North Atlantic Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
  4. Weiner v. Government Employees Insurance Co. of WashingtonAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by20 opinions

  1. Fidelity & Guaranty Insurance Underwriting, Inc. v. Jasam Realty Corp.Court of Appeals for the Second Circuit · 2008
  2. Boyd v. Allstate Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
  3. Precision Auto Accessories, Inc. v. Utica First InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  4. Chicago Ins. Co. v. Kreitzer & VogelmanDistrict Court, S.D. New York · 2003
  5. Security Mutual Life Insurance v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2009

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