WHITE v. MASSACHUSETTS CAS. INS. CO.


96 A.D.2d 732 (1983)

George B. White, Appellant-Respondent, v. Massachusetts Casualty Insurance Company, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 11, 1983


Order unanimously modified and, as modified, affirmed, with costs to plaintiff.

Memorandum.

In 1972 plaintiff purchased a disability income policy of insurance from defendant covering any sickness first manifesting itself during the term of the policy. In 1981 plaintiff lost most of his eyesight and was diagnosed as having retinitis pigmentosa. Plaintiff applied for disability benefits, which defendant denied because plaintiff's illness had "manifested" itself...

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