McLAUGHLIN v. BERKSHIRE LIFE INSURANCE COMPANY OF AMERICA

No. 11-P-929.

82 Mass. App. Ct. 351 (2012)

CLIFFORD E. McLAUGHLIN v. BERKSHIRE LIFE INSURANCE COMPANY OF AMERICA.

Appeals Court of Massachusetts, Worcester.

August 23, 2012.


Attorney(s) appearing for the Case

Roy A. Bourgeois for the plaintiff.

Edward J. McDonough, Jr. ( Theodore F. Glockner with him) for the defendant.

Present: KATZMANN, BROWN, & SULLIVAN, JJ.


KATZMANN, J.

This case raises a question about coverage under a disability insurance policy during a fourteen-month period for which the plaintiff claimed total disability from his chiropractic practice while continuing to work part time as a nurse. The plaintiff appeals from a Superior Court summary judgment entered for the defendant insurer on all claims. We conclude that the summary judgment for the defendant must be vacated (except for one particular), that partial...

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