Equitable Life Assurance Society of United States v. Madis

OPINION OF THE COURT

Rosenberger, J.

This is an action by The Equitable Life Assurance Society of the United States (Equitable) for a judgment declaring that defendant insured Mark S. Madis, M.D. (Madis) is not entitled to benefits pursuant to two reinstated noncancelable disability insurance policies. Equitable’s denial of coverage is based solely on the reinstated policies’ exclusion of coverage for disabilities caused by pre-existing conditions. Madis counters that since the disability occurred more than two years after the date of reinstatement, he is protected by the incontestability…