BENEFIT TRUST LIFE INS. CO. v. ROWLAND


107 A.D.2d 1033 (1985)

Benefit Trust Life Insurance Company, Appellant-Respondent, v. John K. Rowland, Respondent-Appellant

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

January 29, 1985


Order unanimously modified, on the law, to grant summary judgment to plaintiff in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

As an insured under a group disability insurance policy issued by plaintiff to defendant's employer, defendant commenced receiving disability benefits in August, 1979. Upon turning 65 in April, 1980, he began receiving Social Security retirement benefits. Plaintiff continued to make payments of...

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