NICOLETTA v. BERKSHIRE LIFE INS. CO.

8311, 115987/07.

99 A.D.3d 567 (2012)

952 N.Y.S.2d 532

2012 NY Slip Op 6892

VITO NICOLETTA, Appellant, v. BERKSHIRE LIFE INSURANCE COMPANY et al., Respondents.

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

October 16, 2012.


Under the subject policy, "total disability" is defined to mean that, due to sickness or injury, an insured cannot perform the major duties of his or her occupation. "Occupation," in turn, is defined as "the regular occupation (or occupations, if more than one) in which [the insured is] engaged at the time [the insured] become[s] disabled."

The evidence in the record, including plaintiff's testimony, establishes that, at the time plaintiff purportedly became disabled...

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