Legal Opinion

Van Volkenburg v. Continental Casualty Insurance

District Court, W.D. New York

Decided February 20, 1997No. Civ. 94-324PublishedCited by 7 opinions

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

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Luis E. Rodriguez-Abreu v. The Chase Manhattan Bank, N.A.Court of Appeals for the First Circuit · 1993
  4. Joan C. Burnham, Etc. v. The Guardian Life Insurance Company of AmericaCourt of Appeals for the First Circuit · 1989
  5. Judith P. Masella v. Blue Cross & Blue Shield of Connecticut, Inc.Court of Appeals for the Second Circuit · 1991

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Joseph Lawson Tammy Malatak, on Behalf of Minor Child Elena Lawson v. Fortis Insurance Company, Appellant/cross-AppelleeCourt of Appeals for the Third Circuit · 2002
  2. People v. Bendovid, California Court of Appeal, 5th District2018
  3. Lawson v. Fortis InsuranceDistrict Court, E.D. Pennsylvania · 2001
  4. Sanders v. CNA Group Life Assurance Co.District Court, D. Oregon · 2004
  5. General Collection Co. v. LeamanNebraska Court of Appeals · 2023

2 more not listed; retrieve them via the Exa API.

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