United States Second Circuit

Where genuine issues of material fact exist as to whether plaintiff is permanently disabled from working as an anesthesiologist, and entitled to disability payments under the policy insured by defendant, summary judgment in favor of plaintiff vacated.

Appellate Information

• Decided 10/29/2002
• Published 10/29/2002

Judges

• MESKILL, Circuit Judge., Before: MESKILL, CARDAMONE and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Arthur J. Siegel, Albany, NY, (Bond, Schoeneck & King, Albany, NY, of counsel), for Appellant Provident Life and Accident Ins. Co.


• For Appellees:
  
• Jean F. Gerbini, Joel L. Hodes, Melvin H. Osterman, Heather D. Diddel, Whiteman Osterman & Hanna, Albany, NY, on the brief, for Appellee Louise M. Harris.