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BENESOWITZ v. METROPOLITAN CO.

8 N.Y.3d 661 (2007)

870 N.E.2d 1136

839 N.Y.S.2d 706

MITCHELL BENESOWITZ, Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Plan Administrator of HONEYWELL LONG TERM DISABILITY INCOME PLAN, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 27, 2007.

Attorney(s) appearing for the Case

Gisonni & Harms, LLP, Woodbury (Eve-Lynn Gisonni, Richard Harms and Scott M. Harrigan of counsel), for appellant.

Amy K. Posner, Long Island City, and Skadden, Arps, Slate, Meagher & Flom LLP, New York City (Preeta D. Bansal and Sarah E. McCallum of counsel), for respondent.

Andrew M. Cuomo, Attorney General, New York City (Barbara D. Underwood, Benjamin N. Gutman and Cecelia Chang of counsel), for Eric R. Dinallo, amicus curiae.

Barnes & Thornburgh LLP, Grand Rapids, Michigan (Patrick E. Mears of counsel), Carolyn Doppelt Gray, Washington, D.C., Teresa L. Jakubowski, Lisa Tate, Michael S. Spector and Kathryn Wilber for American Council of Life Insurers and others, amici curiae.

Hinman Straub, P.C., Albany (Fredric L. Bodner, David W. Novak and Leanne R. Kontogiannis of counsel), for Life Insurance Council of New York, Inc., amicus curiae.

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

OPINION OF THE COURT

GRAFFEO, J.

The United States Court of Appeals for the Second Circuit has asked us to decide how Insurance Law § 3234 (a) (2) affects an employee's eligibility to receive benefits under the employer's group disability plan when the disability is caused by a preexisting medical condition. We conclude that the statute allows insurers to toll benefits during the first 12 months of coverage, but does not permit them to impose an absolute...

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