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VAN VOLKENBURG v. CONTINENTAL CAS. INS. CO.

Civ. No. 94-324.

971 F.Supp. 117 (1997)

Audrey VAN VOLKENBURG, Plaintiff, v. CONTINENTAL CASUALTY INSURANCE COMPANY, Defendant.

United States District Court, W.D. New York.

February 20, 1997.

Attorney(s) appearing for the Case

Leonard Berkowitz, Orchard Park, NY, for Plaintiff.

William S. Reynolds, Oshea, Reynolds & Cummings, Buffalo, NY, for Defendant.

MEMORANDUM & DECISION

SCOTT, United States Magistrate Judge.

Background

Plaintiff Audrey Van Volkenburg, claims that defendant Continental Casualty Insurance Company ("CNA") wrongfully denied her claim for long-term disability benefits after she became unable to work during her fight against cancer. Defendant contends that plaintiff's period of disability resulted from a pre-existing condition which negated coverage.

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