EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES v. ROCANOVA


207 A.D.2d 294 (1994)

615 N.Y.S.2d 880

Equitable Life Assurance Society of the United States, Respondent, v. Mark Rocanova, Appellant

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

August 18, 1994


At issue in the underlying action is whether defendant's asserted disability commenced during the contestibility period of the policy or thereafter. Defendant's physician submitted a statement to plaintiff insurer indicating onset of his disability as of August 12, 1987, preceding the effective date of coverage. Plaintiff declined coverage on May 12, 1988. Defendant then retained counsel, who drafted an affidavit for the physician...

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