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SMITH v. EQUITABLE LIFE ASSUR. SOC. OF U.S.

Nos. 94-2396, 94-2714.

67 F.3d 611 (1995)

Jeremy J. SMITH, Plaintiff-Appellee, Cross-Appellant, v. EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 28, 1995.

Attorney(s) appearing for the Case

Mark D. DeBofsky (argued), DeBofsky & DeBofsky, Chicago, IL, for Jeremy J. Smith.

Thomas Wilson Waters (argued), Peter P. Dressler, Kemp, Grzelakowski & Lorenzini, Oak Brook, IL, for Equitable Life Assurance Society of United States.

Before BAUER and COFFEY, Circuit Judges, and CRABB, District Judge.

COFFEY, Circuit Judge.

In 1986, Equitable Life Assurance Society of the United States (Equitable) issued a disability insurance policy to Jeremy Smith that provided a monthly insurance benefit of $4,000 if Smith became totally disabled and could not continue in his regular occupation, which at that time was being the manager of a computer company. In 1988, Smith developed an acute anxiety disorder accompanied with agoraphobia, which left him unable to continue executive...

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