MOSSA v. PROVIDENT LIFE AND CAS. INS. CO.

No. CV96-5996 (RJD).

36 F.Supp.2d 524 (1999)

Patrick MOSSA, Plaintiff, v. PROVIDENT LIFE AND CASUALTY INSURANCE COMPANY, Defendants.

United States District Court, E.D. New York.

As Corrected February 16, 1999.


Attorney(s) appearing for the Case

Richard J. Quadrino, Eve-Lynn Gisonni, Quadrino & Schwartz, P.C., Garden City, NY, for plaintiff.

Edward C. Cerny III, Lane & Mittendorf LLP, New York City, for defendant.


MEMORANDUM OF DECISION

DEARIE, District Judge.

Plaintiff Patrick Mossa ("plaintiff" or the "insured") brought this action against Provident Life and Casualty Insurance Company ("defendant" or the "insurer") to recover total disability benefits under a disability policy (the "Policy") purchased from defendant. Defendant moves for summary judgment, arguing that plaintiff is able to engage in any number of gainful occupations and is therefore not "totally disabled...

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