No. 04-0947-CV.

394 F.3d 108 (2005)

Susan TERRY, Plaintiff-Appellant, v. UNUM LIFE INSURANCE COMPANY OF AMERICA and National Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 10, 2005.

Attorney(s) appearing for the Case

Richard G. Abbott, Esq., Pusatier, Sherman, Abbott & Sugarman, Kenmore, New York, for Plaintiff-Appellant.

Paul K. Stecker, Esq., Phillips Lytle LLP, Buffalo, New York, for Defendants-Appellees.

Before: KEARSE and CALABRESI, Circuit Judges, and RAKOFF, District Judge.


In reviewing a dismissal pursuant to Fed.R.Civ.P. 12(b)(6), we take as true all the allegations in plaintiff-appellant Susan Terry's Complaint. On March 3, 1993, Terry purchased a disability insurance policy from defendant-appellee National Life Insurance Company ("National"). In January 1998, Terry, now disabled, submitted a notice of claim and proof of loss to National. Initially, National paid disability benefits to Terry; but on October 23, 1998, National...

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