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HOFFERT v. COMMERCIAL INS. CO. OF NEWARK, NJ

No. 89 Civ. 6929 (GLG).

739 F.Supp. 201 (1990)

Paul HOFFERT, Plaintiff, v. COMMERCIAL INSURANCE COMPANY OF NEWARK, NJ a/k/a Commercial Life Insurance Company, Defendant.

United States District Court, S.D. New York.

June 20, 1990.

Attorney(s) appearing for the Case

Rende, Ryan & Downes, White Plains, N.Y. by Wayne M. Rubin, of counsel, for plaintiff.

Roemer and Featherstonhaugh, New York City by David J. Finkler, of counsel, for defendant.

OPINION

GOETTEL, District Judge:

In this suit upon a disability policy the parties cross-move for summary judgment, stating that there are no material facts in controversy. The following facts do not appear to be disputed.

I. FACTS

The plaintiff is a physician licensed to practice medicine in the state of New York whose practice, until the events giving rise to this cause of action, was almost exclusively limited to general and vascular...

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