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GASSLER v. MONARCH LIFE INSURANCE COMPANY

303 A.D.2d 364 (2003)

755 N.Y.S.2d 660

JOSEPH GASSLER, Respondent, v. MONARCH LIFE INSURANCE COMPANY, Appellant.

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

Decided March 3, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

On November 15, 1991, the plaintiff's license to practice podiatry in New York State was revoked after he pleaded guilty to Medicaid fraud. About two weeks later, the plaintiff consulted a psychiatrist for depression. He subsequently applied for disability benefits under two insurance policies issued to him...

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