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COHEN v. FIRST UNUM LIFE INSURANCE COMPANY

1625, 113533/07

68 A.D.3d 423 (2009)

2009 NY Slip Op 8945

888 N.Y.S.2d 747

DONALD COHEN, Appellant, v. FIRST UNUM LIFE INSURANCE COMPANY, Respondent.

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

Decided December 3, 2009.

Plaintiff's efforts to create an ambiguity in the insurance policy are unavailing (see Moore v Kopel, 237 A.D.2d 124, 125 [1997]). The term "disability period" as used in the policy is reasonably susceptible of only one meaning. An unsupported hearsay statement attributed by plaintiff to a purported agent of defendant neither changes the policy's terms nor renders them ambiguous (see Kass v Kass, 91 N.Y.2d...

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