Paul Shapiro, Plaintiff-Appellee-Cross-Appellant v. Berkshire Life Insurance Company, Appellant-Cross-Appellee

JACOBS, Circuit Judge:

Paul Shapiro, a licensed dentist, brought this diversity action against Berkshire Life Insurance Co. (“Berkshire”) contesting Berkshire’s denial of his claim for total disability benefits. Berkshire appeals from the judgment of the United States District Court for the Southern District of New York (Schwartz, J.) awarding summary judgment in Shapiro’s favor on his claim for total disability benefits .against Berkshire. Shapiro cross-appeals the court’s grant of summary judgment in favor of Berkshire on his claim under § 349 of the New York General Business Law. We affirm.

B…