Fleishman v. General American Life Insurance

MONTEMURO, J.:

¶ 1 This is an appeal 1 from an order granting the motion of Appellee/Plaintiff below for a new trial in an action based on, inter alia, claims of breach of contract.

¶ 2 In November of 1994, Appellee, a primary care physician, 2 was struck by an automobile as he was crossing the street, first being thrown into the windshield and then to the ground. After two unsuccessful attempts to return to work, he thereafter filed a claim for total disability against Appellant, the issuer of his two disability insurance policies, on the basis that cognitive deficiencies and memory problems…