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MASSACHUSETTS MUT. LIFE IN. CO. v. MILLSTEIN

No. 418, Docket 96-7364.

129 F.3d 688 (1997)

MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. Daniel J. MILLSTEIN, Defendant-Counter-Plaintiff-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 1, 1997.

Attorney(s) appearing for the Case

Donald J. O'Brien, Avon, CT, for Defendant-Counter-Claimant-

Appellant.

David W. Rubin, Stamford, CT (Peter M. Nolin, Hebb & Gitlin, Hartford, CT, on the brief), for Plaintiff-Counter-Defendant-Appellee.

Before: CARDAMONE and PARKER, Circuit Judges, & WEXLER, District Judge.

WEXLER, District Judge:

BACKGROUND

On September 5, 1990, Millstein, then an attorney practicing in Connecticut, purchased a disability income policy from Massachusetts Mutual. The policy provided benefits if Millstein proved that he had lost earned income due to a disability within the meaning of the policy. Part 1 of the policy defines a "disability" as an incapacity of the Insured, which:

1. is due to injury or sickness; and 2...

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