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GONYEA v. JOHN HANCOCK MUT. LIFE INS. CO.

No. 2:92-CV-235.

812 F.Supp. 445 (1993)

Ronald GONYEA, Plaintiff, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court, D. Vermont.

January 4, 1993.

Attorney(s) appearing for the Case

Keith J. Kasper, McNamara, Fitzpatrick, McCormick & Mertz, Burlington, VT, for plaintiff.

Richard H. Wadhams, Jr., Pierson, Wadhams, Quinn & Yates, Burlington, VT, for defendant.

OPINION AND ORDER

PARKER, Chief Judge.

Plaintiff Ronald Gonyea has filed a five count declaratory judgment action seeking relief from the denial of disability benefits by defendant John Hancock Mutual Life Insurance Company. Plaintiff has moved for summary judgment on Count II, which alleges that defendant waived its defense that plaintiff is not eligible for disability benefits.

I. Factual Background

Plaintiff was employed by defendant...

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