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GIAMPA v. TRUSTMARK INS. CO.

No. Civ.A. 97-11977-PBS.

73 F.Supp.2d 22 (1999)

Joseph D. GIAMPA, Plaintiff, v. TRUSTMARK INSURANCE COMPANY and Continental Assurance Company, Defendants.

United States District Court, D. Massachusetts.

February 26, 1999.

Attorney(s) appearing for the Case

Edmund Polubinski, Law Office of Edmund Polubinski, Jr., David F. Cavers, Jr., Law Office of David F. Cavers, Jr., Boston, MA, for Plaintiff.

Joseph H. Skerry, III, Law Offices of Ronald, Martignetti, Boston, MA, Kimberly Stanton, Lyne, Woodworth & Evarts, Andrew T. Savage, Lyne, Woodworth & Evarts, LLP, Boston, MA, for Defendant.

MEMORANDUM AND ORDER

SARIS, District Judge.

INTRODUCTION

This case arises out of a dispute between plaintiff Dr. Joseph D. Giampa, a chiropractor, and defendants Trustmark Insurance Company ("Trustmark") and Continental Assurance Company ("CNA") regarding Giampa's eligibility to receive disability payments. Defendants have moved for summary judgment on the ground that Giampa is not totally disabled as defined by their policies. After hearing...

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