Legal Opinion

Polan v. STATE INS. DEPT.

New York Court of Appeals

Decided July 1, 2004PublishedCited by 13 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

Insurance Law § 4224 (b) (2) prohibits an insurer from limiting the coverage available to an individual on account of a physical or mental disability unless permitted by law or regulation and statistically or empirically justified. We are asked to decide whether a long-term disability plan open to both disabled and nondisabled employees on the same terms violates this provi sion by failing to afford equivalent coverage for mental and physical disabilities. For the reasons that follow, we conclude that it does not.

I

Petitioner Charlene Polan’s employer provided its…

2Cases cited12 opinions

  1. Riley v. County of BroomeNew York Court of Appeals · 2000
  2. Parker v. Metropolitan Life InsuranceCourt of Appeals for the Sixth Circuit · 1997
  3. Colleen v. Ford v. Schering-Plough Corporation Schering Corporation Metropolitan Life Insurance CompanyCourt of Appeals for the Third Circuit · 1998
  4. Weyer v. Twentieth Century Fox Film Corp.Court of Appeals for the Ninth Circuit · 2000
  5. Kimber v. Thiokol CorporationCourt of Appeals for the Tenth Circuit · 1999

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3Cited by13 opinions

  1. Matter of Luongo v. Records Access Officer, Civilian Complaint Review Bd.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of DeVera v. EliaAppellate Division of the Supreme Court of the State of New York · 2017
  3. Maimonides Medical Center v. First United American Life InsuranceNew York Supreme Court · 2012
  4. Upsher v. RamineniAppellate Division of the Supreme Court of the State of New York · 2011
  5. Kimmel v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2010

8 more not listed; retrieve them via the Exa API.

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