Eisenberg v. Continental Casualty Co.

On December 24, 1962, the plaintiff applied for disability income insurance under a group policy. The insurer offered three different “plans” or schedules of benefits. The plaintiff applied for Plan A benefits of $1,000 per month. The insurer issued its certificate of insurance providing for Plan A benefits effective February 1, 1963. In November, 1966, the plaintiff suffered a cerebral thrombosis which resulted in his disability within the meaning of the policy. In December, 1967 (the policy contained a one-year exclusionary period), he made his claim to the insurer for the monthly indemnity…