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CALLAHAN v. MUTUAL LIFE INS. CO. OF NEW YORK

No. B114948.

84 Cal.Rptr.2d 342 (1999)

Patricia CALLAHAN, Plaintiff and Appellant, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

Review Granted August 11, 1999.

Attorney(s) appearing for the Case

Law Offices of Robert K. Scott, Robert K. Scott and Christian J. Garris, Newport Beach; Law Offices of H. Vincent McNally and H. Vincent McNally, Los Angeles, for Plaintiff and Appellant.

Barger & Wolen, Gail E. Cohen and Heather Peters, Los Angeles, for Defendant and Respondent.

EPSTEIN, J.

Patricia Callahan purchased a disability insurance policy from Mutual Life Insurance Company of New York (MONY). Subsequently, she became disabled due to multiple sclerosis and filed for benefits. MONY initially paid benefits, but stopped when it discovered her condition may have first manifested itself prior to the effective date of the policy. Ms. Callahan filed suit, and the trial court granted MONY's motion for summary judgment. The first question...

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