United States Third Circuit

Summary judgment for defendant-insurers on plaintiff's claims for benefits under two policies of disability insurance pursuant to a finding that they were time barred is reversed where, under the policy language at issue, proof of loss was required after the end of the entire period of disability, and not after each month of disability.

Appellate Information

• Argued 10/18/2005
• Decided 02/27/2006
• Published 02/27/2006

Judges

• Before SCIRICA, Chief Judge, VAN ANTWERPEN and COWEN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert E. Margulies, (Argued), Margulies, Wind & Harrington, Jersey City, NJ, for Appellant.


• For Appellees:
  
• David R. Kott, Robert P. Lesko, (Argued), McCarter & English, Newark, NJ, for Appellees.