Legal Opinion · Dissent

Hurley v. First UNUM Life Insurance

Appellate Division of the Supreme Court of the State of New York

Decided December 12, 2005Published

1DissentGoldstein, J.

and votes to modify the judgment, on the law and the facts, by adding a provision thereto declaring that the disability insurance policy is cancelled and the parties have no further obligations to each other, and as so modified, to affirm the judgment insofar as appealed and cross-appealed from, with the following memorandum:

In 1991, the plaintiff purchased the subject disability insurance policy from the defendant, First UNUM Life Insurance Company. The policy provided that as part of the claim process, the insured was obligated to undergo “a medical examination or a personal interview as…

2Cases cited5 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Coleman v. New Amsterdam Casualty Co.New York Court of Appeals · 1928
  3. Argento v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1992
  4. United States Fidelity & Guaranty Co. v. Von BargenAppellate Division of the Supreme Court of the State of New York · 1959
  5. Davis v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 1994

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