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SCALIA v. EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES

263 A.D.2d 537 (1999)

693 N.Y.S.2d 218

ANTHONY SCALIA, Respondent, v. EQUITABLE LIFE ASSURANCE SOCIETY OF UNITED STATES, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided July 26, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The respondent was injured in August 1990 when a baseball bat broke and struck him in the eye. He brought this action to obtain benefits pursuant to a disability income insurance policy issued by the appellant. The Supreme Court found that the language "loss of sight" in the policy is ambiguous and can be interpreted either as a loss of sight in one eye or a loss of sight in both eyes. Contrary...

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