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COPULSKY, M.D. v. BERKSHIRE LIFE INSURANCE COMPANY

290 A.D.2d 230 (2002)

735 N.Y.S.2d 760

ROBERT H. COPULSKY, M.D., Respondent, v. BERKSHIRE LIFE INSURANCE COMPANY, Appellant.

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

Decided January 3, 2002.

In light of defendant insurer's concession that plaintiff orthopedic surgeon is no longer able to perform orthopedic surgery, plaintiff has successfully demonstrated, as a matter of law, that he is unable to perform "`the substantial and material duties'" of his regular job or jobs, as they existed before he sustained injury (see, Acquista v New York Life Ins. Co., 285 A.D.2d 73, 76; ...

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