Massachusetts Mutual Life Insurance Company, Plaintiff-Counter-Defendant-Appellee v. Daniel J. Millstein, Defendant-Counter-Plaintiff-Appellant

WEXLER, District Judge:

BACKGROUND

On September 5, 1990, Millstein, then an attorney practicing in Connecticut, purchased a disability income policy from Massachusetts Mutual. The policy provided benefits if Millstein proved that he had lost earned income due to a disability within the meaning of the policy. Part 1 of the policy defines a “disability” as an incapacity of the Insured, which:

1. is due to injury or sickness; and

2. begins while this policy is in force; and

3. requires care by or at the direction of a legally qualified physician, unless [Massachusetts Mutual] is furnished with proof…