GOLDBERG v. NAT. LIFE INS. CO. OF VERMONT

No. 1191, Docket 85-7099.

774 F.2d 559 (1985)

Stephen M. GOLDBERG, Plaintiff-Appellant, v. NATIONAL LIFE INSURANCE COMPANY OF VERMONT, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 1, 1985.


Attorney(s) appearing for the Case

Morton H. Feder, Garden City, N.Y. (Rivkin Leff Sherman & Radler, Garden City, N.Y., of counsel), for plaintiff-appellant.

Grant S. Lewis, New York City (Thomas G. Rohback, LeBoeuf, Lamb, Leiby & MacRae, New York City, of counsel), for defendant-appellee.

Before LUMBARD, OAKES and CARDAMONE, Circuit Judges.


OAKES, Circuit Judge:

In this weird, if not to say bizarre, case an insured under a disability policy appeals an adverse judgment after a jury verdict in his suit against the disability insurer and also appeals the granting of the insurer's counterclaim for $33,628.24 in disability benefits paid the insured before discovery of his lack of supposed psychiatric disability. Appeal of the judgment is on the basis that the court erred in excluding some psychiatric testimony...

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