Metz v. US LIFE INS. CO. IN CITY OF NEW YORK

Plaintiff-Appellant Florence Metz (“Metz”) sued United States Life Insurance Company (“U.S. Life”), with which she has a catastrophic medical insurance policy, because U.S. Life told her that she had not yet “incurred” sufficient charges to satisfy its deductible. Metz claimed that U.S. Life’s refusal to pay benefits rested on a deliberate misinterpretation of “incurred” and breached the insurance contract. She appeals from a September 22, 2010 judgment of the United States District Court for the Southern District of New York (Jones, J.), granting U.S. Life’s motion to dismiss for failure to…