Brown v. Equitable Life Assurance Society of the United States

MEMORANDUM AND ORDER

CROW, District Judge.

This is a declaratory judgment action filed by John L. Brown to determine coverage under a policy of disability insurance issued by the Equitable Life Assurance Society of the United States (Equitable). The sole issue presented by this case is whether Brown, the insured, may recover under a disability insurance policy issued by Equitable notwithstanding the fact that Brown has already received benefits under another disability insurance policy issued by another insurer. The policy issued by Equitable did not contain an express prohibition against the…