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DI BAGGIO v. PROVIDENT LIFE & CAS. INS. CO.

188 A.D.2d 510 (1992)

Anthony Di Baggio, Respondent, v. Provident Life and Casualty Insurance Company, Appellant

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

December 14, 1992

Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the complaint is dismissed.

The defendant issued a disability insurance policy to the plaintiff in June 1977. After he was injured in 1980, in an automobile accident, the plaintiff filed a claim for disability benefits under the policy. The defendant denied the claim, and in November 1982 the plaintiff commenced an...

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