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NEW ENGLAND INS. CO. v. DOE

93 N.Y.2d 122 (1999)

710 N.E.2d 1060

688 N.Y.S.2d 459

NEW ENGLAND MUTUAL LIFE INSURANCE COMPANY, Appellant, v. JOHN DOE, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 1999.

Attorney(s) appearing for the Case

Assail & Yoeli, L. L. P., New York City (Michael Yoeli of counsel), for appellant.

Mark Scherzer, New York City, and A. Christopher Wieber for respondent.

Rivkin, Radler & Kremer, Uniondale (Evan H. Krinick, Norman L. Tolle and Michael P. Versichelli of counsel), and Philip E. Stano, of the District of Columbia Bar, admitted pro hac vice, for American Council of Life Insurance, amicus curiae.

Beatrice Dohrn, New York City, and Catherine Hanssens for Lambda Legal Defense and Education Fund, Inc. and another, amici curiae.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

OPINION OF THE COURT

ROSENBLATT, J.

The appeal before us involves a face-off between an incontestability clause and a coverage limitation provision in a disability insurance policy. The question is this: Given a two-year incontestability clause, may a carrier disclaim coverage for a claim made more than two years after issuance of a disability policy, contending that the disabling condition manifested itself...

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