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GOLDSTEIN v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY

60 A.D.3d 506 (2009)

875 N.Y.S.2d 53

DAVID GOLDSTEIN, Appellant, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 17, 2009.

In 1992 plaintiff chiropractor purchased a disability insurance policy from defendant's predecessor-in-interest. In 1993 he sustained nerve damage which impaired the use of his left arm as a result of a motor vehicle accident, and in 1994 he was directed to stop working as a chiropractor and began receiving disability benefits. Later that year plaintiff was diagnosed with Epstein Barr virus/chronic fatigue syndrome, and in May 1999...

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