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SCHERER v. EQUITABLE LIFE ASSUR. SOCIETY OF U.S.

No. 01 Civ. 10193(CSH).

190 F.Supp.2d 629 (2002)

Barbara D. SCHERER, Plaintiff, v. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, Defendant.

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

March 15, 2002.

Attorney(s) appearing for the Case

Victor M. Serby, New York City, for Plaintiff.

MEMORANDUM OPINION AND ORDER

HAIGHT, Senior District Judge.

I. BACKGROUND

The amended complaint in this diversity action alleges that plaintiff is entitled to disability benefits that Equitable has improperly refused to pay. It is undisputed that under a Disability Income Insurance Policy Equitable issued to Scherer in 1987 (the "Policy"), Scherer is entitled to a monthly payment of $5,031 during such time as she is "totally disabled...

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