Pizzitola v. Berkshire Life Insurance

Appeal from an order of the Supreme Court (Canfield, J.), entered October 16, 1995 in Albany County, which, inter alia, partially granted defendant’s motion for summary judgment by dismissing the second cause of action in the complaint.

In May 1968, plaintiff obtained a life insurance policy from defendant which provided, in relevant part, that defendant would waive payment of the premiums due thereunder in the event that plaintiff became totally disabled within the meaning of the policy. Shortly thereafter, plaintiff also purchased a disability policy from defendant. Plaintiff subsequently…