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WHITE v. CONTINENTAL CAS. CO.

9 N.Y.3d 264 (2007)

878 N.E.2d 1019

848 N.Y.S.2d 603

JAMES J. WHITE, JR., M.D., Appellant, v. CONTINENTAL CASUALTY COMPANY, Defendant, and LIFE INSURANCE COMPANY OF BOSTON & NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided November 27, 2007.

Attorney(s) appearing for the Case

Bender, Crawford & Bender, LLP, Buffalo (Joanneke K.M. Brentjens of counsel), for appellant.

Rupp Baase Pfalzgraf Cunningham & Coppola LLC, Buffalo (James M. Appler III of counsel), for respondent.

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

OPINION OF THE COURT

PIGOTT, J.

The principal issue presented in this appeal is whether the definition of "total disability" in a disability income policy is ambiguous and, if not, whether plaintiff satisfies the requirements of that definition. We conclude that the definition is not ambiguous and plaintiff failed to establish his entitlement to benefits under the policy as a matter of law.

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