KAVANAGH v. NEW YORK LIFE INS. CO.

No. 98-1407.

170 F.3d 253 (1999)

James F. KAVANAGH, Jr., Plaintiff, Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 24, 1999.


Attorney(s) appearing for the Case

Robert P. Joyce, Jr., with whom Gabriel O. Dumont, Jr., was on brief, for appellant.

A. Hugh Scott, with whom William S. Hewitt, Jr., was on brief, for appellee.

Before BOUDIN, Circuit Judge, GIBSON, Senior Circuit Judge, and LIPEZ, Circuit Judge.


LIPEZ, Circuit Judge.

This insurance case concerns the effect of Mass. Gen. Laws ch. 175, § 187C on defendant-appellee New York Life Insurance Company's ("New York Life") refusal to pay disability insurance benefits to James Kavanagh, Jr. The district court ruled that New York Life did not have to comply with the provisions of section 187C, which sets forth notification procedures an insurer must follow to effect a "cancellation" of an insurance policy, following...

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