Schler v. Aetna Life Insurance

Appellate Division of the Supreme Court of New York

Schler v. Aetna Life Insurance

160 A.D.2d 395, 554 N.Y.S.2d 1003, 1990 N.Y. App. Div. LEXIS 3996

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 12, 1990

StatusPublished

This text of 160 A.D.2d 395 (Schler v. Aetna Life Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schler v. Aetna Life Insurance, 160 A.D.2d 395, 554 N.Y.S.2d 1003, 1990 N.Y. App. Div. LEXIS 3996 (N.Y. Ct. App. 1990).

Pincite

Opinion

Order, Supreme Court, New York County (David H. Edwards, Jr., J.), entered on or about May 28, 1989, denying plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

Plaintiff sued Aetna for a continuation of disability benefits payable under a policy of insurance, based upon a heart attack he suffered on August 20, 1982. We agree with the IAS court that there exist factual issues as to whether plaintiff’s current disability is the result of that heart attack or a prior heart attack sustained by him in 1976, pursuant to which Aetna had paid plaintiff $120,000 over a five-year period, the full benefits permitted under the policy then in force. We agree also that there exist factual issues surrounding plaintiff’s purported full-time employment by Mr. Franco Lurati during the period January to July 1982. Concur — Kupferman, J. P., Carro, Milonas, Wallach and Smith, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (David H. Edwards, Jr., J.), entered on or about May 28, 1989, denying plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

Plaintiff sued Aetna for a continuation of disability benefits payable under a policy of insurance, based upon a heart attack he suffered on August 20, 1982. We agree with the IAS court that there exist factual issues as to whether plaintiff’s current disability is the result of that heart attack or a prior heart attack sustained by him in 1976, pursuant to which Aetna had paid plaintiff $120,000 over a five-year period, the full benefits permitted under the policy then in force. We agree also that there exist factual issues surrounding plaintiff’s purported full-time employment by Mr. Franco Lurati during the period January to July 1982. Concur — Kupferman, J. P., Carro, Milonas, Wallach and Smith, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

160 A.D.2d 395, 554 N.Y.S.2d 1003, 1990 N.Y. App. Div. LEXIS 3996, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schler-v-aetna-life-insurance-nyappdiv-1990.