JACOBS v. NORTHWESTERN MUT.

2011-01014.

103 A.D.3d 78 (2012)

957 N.Y.S.2d 347

2012 NY Slip Op 8697

BRAD J. JACOBS, Respondent-Appellant, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Appellant-Respondent.

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

December 19, 2012.


Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale ( Evan H. Krinick , Norman L. Tolle , Cheryl F. Korman and Merril S. Biscone of counsel), for appellant-respondent.

Markowitz & Rabbach LLP, Melville ( Scott Markowitz and Heath Olnowich of counsel), for respondent-appellant.

ENG, P.J., SKELOS and SGROI, JJ., concur.


OPINION OF THE COURT

BALKIN, J.

The plaintiff, Brad J. Jacobs, was a plastic surgeon. In June 2007 his medical license was suspended by New York State's Commissioner of Health on the ground that his continued practice "constitute[d] an imminent danger to the health of the people of this state." A few months later, the plaintiff filed claims under his disability insurance policies. He asserted that even before the State suspended his license, mental illness...

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