Mutual Life Insurance v. Hayden

Plaintiff insurance company (MONY) moves for partial summary judgment dismissing defendant’s counterclaim. Defendant cross-moves for summary judgment dismissing the complaint and granting him summary judgment on his counterclaim. MONY issued two disability income policies to defendant effective October 19, 1967. The policies provide for the payment of benefits if the insured is totally disabled. They provide further that: "Total disability due to sickness means total disability which commences while this policy is in force and which results from * * * sickness or disease contracted and…