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FRIEDMAN v. CONN GEN LIFE INS

9 N.Y.3d 105 (2007)

877 N.E.2d 281

846 N.Y.S.2d 64

BRUCE FRIEDMAN, on Behalf of Himself and All Others Similarly Situated, Appellant, v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY, Respondent.

Court of Appeals of the State of New York.

Decided October 18, 2007.

Attorney(s) appearing for the Case

Quadrino & Schwartz, P.C., Garden City (Richard J. Quadrino of counsel), for appellant.

Rivkin Radler LLP, Uniondale (Cheryl F. Korman, Evan H. Krinick and Norman L. Tolle of counsel), and McCarter & English, LLP, New York City (Andrew O. Bunn and Raphael M. Rosenblatt of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

We are called upon to decide whether the placement of a "Relation of Earnings to Insurance" (REI) clause within the "General Provisions" of a disability insurance policy complies with Insurance Law § 3216. For the reasons that follow, we conclude that it does.

I.

Defendant Connecticut General Life Insurance Company issued a 10-page form disability income insurance policy to plaintiff Bruce Friedman, a...

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