PIZZITOLA v. BERKSHIRE LIFE INS. CO., INC.


237 A.D.2d 778 (1997)

655 N.Y.S.2d 129

Anthony J. Pizzitola, Appellant, v. Berkshire Life Insurance Company, Inc., Respondent

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

March 13, 1997


Crew III, J.

In May 1968, plaintiff obtained a life insurance policy from defendant which provided, in relevant part, that defendant would waive payment of the premiums due thereunder in the event that plaintiff became totally disabled within the meaning of the policy. Shortly thereafter, plaintiff also purchased a disability policy from defendant. Plaintiff subsequently sustained certain injuries and, in April 1981, applied for benefits under the aforementioned...

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