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METZ v. U.S. LIFE INS. CO. IN CITY OF NEW YORK

No. 10-4305.

662 F.3d 600 (2011)

Florence H. METZ, Plaintiff-Appellant, v. The UNITED STATES LIFE INSURANCE COMPANY IN the CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2011.

Attorney(s) appearing for the Case

Noah H. Kushlefsky , Kreindler & Kreindler LLP, New York, New York ( Gretchen M. Nelson , Kreindler & Kreindler, Los Angeles, California; Allan A. Shenoi and Daniel J. Koes , Shenoi Koes, LLP, Pasadena, California, on the brief) for Plaintiff-Appellant.

Lee E. Bains, Jr. , Maynard, Cooper & Gale, P.C. ( Michael D. Mulvaney , Edward A. Hosp , and Christopher C. Frost , Maynard, Cooper & Gale; Fred N. Knopf and Michelle M. Arbitrio , Wilson, Elser, Moskowitz, Edelman & Dicker LLP, on the brief) for Defendant-Appellee.

Before: JOHN M. WALKER, JR., STRAUB, and LIVINGSTON, Circuit Judges.

PER CURIAM:

Plaintiff-Appellant Florence Metz ("Metz") sued United States Life Insurance Company ("U.S. Life"), with which she has a catastrophic medical insurance policy, because U.S. Life told her that she had not yet "incurred" sufficient charges to satisfy its deductible. Metz claimed that U.S. Life's refusal to pay benefits rested on a deliberate misinterpretation of "incurred" and breached the insurance contract. She appeals from a September 22, 2010 judgment...

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