United States First Circuit

Summary judgment for defendant insurer is affirmed in a suit claiming supplemental disability coverage where the insured failed to meet a condition precedent for obtaining additional disability coverage since he was disabled at the time of his application for the additional coverage.

Appellate Information

• Decided 04/04/2006
• Published 04/04/2006

Judges

• HOWARD, Circuit Judge., Before SELYA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joel M. Sowalsky with whom Smith, Segel & Sowalsky was on brief, for appellant.


• For Appellees:
  
• Edward J. McDonough, Jr., with whom David G. Cohen, Katherine A. Day, and Egan, Flanagan and Cohen, P.C. were on brief, for appellee.