SCHLER v. AETNA LIFE INS. CO.


160 A.D.2d 395 (1990)

Peter Schler, Appellant, v. Aetna Life Insurance Company, Respondent

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

April 12, 1990


Plaintiff sued Aetna for a continuation of disability benefits payable under a policy of insurance, based upon a heart attack he suffered on August 20, 1982. We agree with the IAS court that there exist factual issues as to whether plaintiff's current disability is the result of that heart attack or a prior heart attack sustained by him in 1976, pursuant to which Aetna had paid plaintiff $120,000 over a five-year period, the full benefits permitted under the policy then in...

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