United States Second Circuit

Where insurer had documentation of insured's disability, but for its own internal convenience did not investigate her claim at the time of her application for benefits, and chose to rely instead on the defense of lack of coverage, it was deemed to have waived lack of disability defense.

Appellate Information

• Argued 11/19/2001
• Decided 03/12/2002
• Published 03/13/2002

Judges

• OAKES, Senior Circuit Judge., Before OAKES, KEARSE and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Evan L. Gordon, New York, NY;  Law Office of Evan L. Gordon, of counsel, for Defendant-Appellant-Cross-Appellee., Peter G. Eikenberry, New York, NY;  Lisa Brubach, on the brief, for Plaintiff-Appellee-Cross-Appellant.