Carlyon v. Mutual of Omaha Insurance

Defendant appeals as of right from an order granting summary disposition for plaintiff and awarding him $27,400, plus costs and interest. We affirm.

This dispute concerns plaintiff’s eligibility to recover benefits pursuant to a disability insurance policy issued by defendant. A rider to that policy provided that the insured would be considered totally disabled when “unable to perform the material and substantial duties of the Insured’s regular occupation.” Plaintiff, a medical doctor, had been working in various hospitals as an emergency room physician until August 1991, when he became…