BLOCK v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA


286 A.D.2d 298 (2001)

731 N.Y.S.2d 138

ELEANOR BLOCK, Appellant-Respondent, v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, Respondent-Appellant.

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

Decided August 30, 2001.


In granting defendant's motion, the IAS court determined that plaintiff's cause of action accrued on January 23, 1995, the date when, at defendant's request, she submitted to an examination by an independent medical examiner to substantiate her continued eligibility for disability benefits under defendant's group policy. However, since there is nothing in the policy that defines such independent medical examination as part of any "Proof of Claim," which itself is not defined...

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