Cohen v. First Unum Life Ins., 68 A.D.3d 423 (N.Y. App. Div. 1st Dep't 2009). · Go Syfert
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Cohen v. First Unum Life Ins., 68 A.D.3d 423 (N.Y. App. Div. 1st Dep't 2009). Cases Citing This Book View Copy Cite
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Strongest positive: Jairy R. v. Jeffrey H., 34 Misc. 3d 448 (N.Y.C. Fam. Ct. 2011)
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  • Jairy R. v. Jeffrey H., 34 Misc. 3d 448 (N.Y.C. Fam. Ct. 2011).published
    The PINS petition complies with the provisions of Family Court Act § 735 (g) (ii) as a report from the Administration for Children’s Services stating that specific diversion services were unsuccessfully offered by the agency is appended to…
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Donald Cohen
v.
First Unum Life Insurance Company
Appellate Division of the Supreme Court of the State of New York.
Dec 3, 2009.
Published opinion
68 A.D.3d 423
Published

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.