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KAVANAGH v. NEW YORK LIFE INS. CO.

No. Civ.A. 97-10509-GAO.

996 F.Supp. 74 (1998)

James F. KAVANAGH, Jr., Plaintiff, v. NEW YORK LIFE INSURANCE CO., Defendant.

United States District Court, D. Massachusetts.

March 5, 1998.

Attorney(s) appearing for the Case

Gabriel O. Dumont, Jr., Robert P. Joyce, Jr., Law Offices of Gabriel Dumont, Boston, MA, for Plaintiff.

A. Hugh Scott, Kenneth E. Steinfield, Choate, Hall & Stewart, Boston, MA, for Defendant.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

In this action the plaintiff, James Kavanagh, seeks a declaration of rights under the terms of a disability policy purchased by him from the defendant, New York Life Insurance Company ("New York Life"). Count I of the complaint asserts that New York Life failed to follow the requirements of Mass.Gen.L. ch. 175, § 187C, which establish certain procedures that an insurer must follow to cancel an insurance...

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