Appellate Division of the Supreme Court of New York, 2009

Cohen v. First Unum Life Insurance

Cohen v. First Unum Life Insurance
Appellate Division of the Supreme Court of New York · Decided December 3, 2009
68 A.D.3d 423; 888 N.Y.2d 747
Cohen v. First Unum Life Insurance

Opinion of the Court

Plaintiff’s efforts to create an ambiguity in the insurance policy are unavailing (see Moore v Kopel, 237 AD2d 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 NY2d 554, 566 [1998]).

We have considered and rejected plaintiffs remaining contention. Concur — Gonzalez, P.J., Tom, Andrias, Nardelli and Richter, JJ.

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