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ARBOUR v. COMMERCIAL LIFE INS. CO.

240 A.D.2d 1001 (1997)

659 N.Y.S.2d 525

Gary R. Arbour, Respondent, v. Commercial Life Insurance Company, Appellant

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

June 26, 1997

Casey, J.

As a result of a fall into his bathtub in November 1991, plaintiff applied for permanent total disability benefits under a group disability and dismemberment insurance policy issued by defendant to his former employer. Upon investigation, defendant determined that plaintiff's loss did not result "directly and independently of all other causes" as required by the policy, and it therefore disclaimed...

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