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Cohen v. First Unum Life Insurance Co.

December 3, 2009

DONALD COHEN, PLAINTIFF-APPELLANT,
v.
FIRST UNUM LIFE INSURANCE COMPANY, DEFENDANT-RESPONDENT.



Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about July 17, 2008, which granted defendant's motion for summary judgment dismissing the complaint and denied plaintiff's cross motion to dismiss defendant's defenses, unanimously affirmed, with costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Andrias, Nardelli, Richter, JJ.

113533/07

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 plaintiff's remaining contention.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091203

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