Appellate Division of the Supreme Court of New York, 1982

Abrams v. Standard Security Life Insurance

Abrams v. Standard Security Life Insurance
Appellate Division of the Supreme Court of New York · Decided May 3, 1982
88 A.D.2d 578; 449 N.Y.S.2d 804; 1982 N.Y. App. Div. LEXIS 16739
Abrams v. Standard Security Life Insurance

Opinion of the Court

— In an action to recover benefits under a medical disability insurance policy, plaintiff appeals from a judgment of the Supreme Court, Queens County (Kassoff, J.), dated January 13, 1981, which, following a trial on the issue of timely notice, dismissed the complaint. Judgment affirmed, without costs or disbursements. Appellant’s delay of approximately one year in providing respondent with notice of his medical disability claim was a violation of the terms of the policy in issue and bars his right of recovery (see MacKay v Metropolitan Life Ins. Co., 281 NY 42; Whiteside v North Amer. Acc. Ins. Co. of Chicago, 200 NY 320; Walterman v Mutual Benefit Health & Acc. Assn., 260 App Div 478). Nor is there any basis in the record that serves to bar respondent from disclaiming liability on this ground. Damiani, J. P., Lazer, Mangano and Gulotta, JJ., concur.

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