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WURM D.D.S. v. COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY

308 A.D.2d 324 (2003)

766 N.Y.S.2d 8

PEGGY WURM, D.D.S., Respondent-Appellant, v. COMMERCIAL INSURANCE COMPANY OF NEWARK, NEW JERSEY, et al., Appellants-Respondents.

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

Decided September 4, 2003.

On July 5, 1988, plaintiff, Dr. Wurm, a 34-year-old dentist, purchased an occupational disability insurance policy from defendant Commercial Insurance Company of Newark, New Jersey. This company was later succeeded by defendant First Unum Life Ins. Co. (First Unum). The policy entitled her to collect $6,000 a month in the event of a "residual disability" during the policy period. The policy defined a residual disability as a condition due to injury or illness which rendered...

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