INSURANCE COMM. OF STATE v. MUTUAL LIFE INS. CO. N.Y.

No. 1566, Sept. Term, 1995.

680 A.2d 584 (1996)

111 Md. App. 156

INSURANCE COMMISSIONER OF the STATE OF MARYLAND v. The MUTUAL LIFE INSURANCE COMPANY OF NEW YORK.

Court of Special Appeals of Maryland.

Reconsideration Denied August 29, 1996.


Attorney(s) appearing for the Case

Christina Gerstung Beusch, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on the brief), Baltimore, for Appellant.

Barrett W. Freedlander (Weinberg & Green L.L.C., on the brief), Baltimore, for Appellee.

Argued before WENNER, DAVIS and HARRELL, JJ.


HARRELL, Judge.

This appeal requires us to determine if we shall recognize an "exist/manifest" distinction when interpreting the phrase "existed prior to" in a statutorily required incontestability clause contained in a disability insurance policy. The statute prohibits an insurer from turning down any claim for disability (as defined in the policy), starting after two years from the policy's inception, on the grounds that a disease or physical condition existed prior...

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