New York Court of Appeals
James J. White, Jr., M.D., Appellant v. Continental Casualty Company, Defendant, and Life Insurance Company of…
November 27, 20079 N.Y.3d 264
Summary
The Court of Appeals held that the disability policy’s definition of “total disability” is unambiguous and that the plaintiff did not satisfy the definition because he was still performing duties of a gainful occupation, affirming the summary‑judgment dismissal.