Van Volkenburg v. Continental Casualty Insurance
District Court, W.D. New York
1Opinion of the Court
MEMORANDUM & DECISION
SCOTT, United States Magistrate Judge.
Background
Plaintiff Audrey Van Volkenburg, claims that defendant Continental Casualty Insurance Company (“CNA”) wrongfully denied her claim for long-term disability benefits after she became unable to work during her fight against cancer. Defendant contends that plaintiffs period of disability resulted from a pre-existing condition which negated coverage.
On July 6 and 7, 1995, a non-jury trial was conducted to determine if plaintiffs disability resulted from a pre-existing condition which would exclude coverage under the long-term…
2Cases cited14 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Luis E. Rodriguez-Abreu v. The Chase Manhattan Bank, N.A.Court of Appeals for the First Circuit · 1993
- Joan C. Burnham, Etc. v. The Guardian Life Insurance Company of AmericaCourt of Appeals for the First Circuit · 1989
- Judith P. Masella v. Blue Cross & Blue Shield of Connecticut, Inc.Court of Appeals for the Second Circuit · 1991
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