Cohen v. First Unum Life Insurance

68 A.D.3d 423, 888 N.Y.2d 747

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 3, 2009
• Status: Published

Opinion

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.