Acquista v. New York Life Insurance Company

Facts

Plaintiff, a doctor who specializes in internal and pulmonary medicine purchased three disability insurance policies from Defendant. Plaintiff became ill with myelodysplasia, a disease that might convert into leukemia. He has been instructed by his physicians to avoid radiation. He also suffers from fatigue, headaches, and muscle and joint pain. Plaintiff made a claim under his disability insurance. Plaintiff alleges that Defendant made it especially difficult for him to file the claim by asking for various documents, then asking for more documents, then transferring his claim to a different employee who, then, asked for more documents. It took over two years for Defendant to finally deny his claim. Defendant alleges that Plaintiff can still perform some of the “material and substantial” duties of his job. The trial court dismissed all of Plaintiff’s claims except the claim based on the policy provision for partial disability benefits.