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Paul Revere Life Insurance v. Cahn
Citation: 331 F. App'x 808Docket: No. 08-1962-cv
Court: Court of Appeals for the Second Circuit; June 2, 2009; Federal Appellate Court
John Cahn appeals a summary judgment from the United States District Court for the Southern District of New York, which ruled in favor of The Paul Revere Life Insurance Company (Paul Revere). The court granted Paul Revere a declaratory judgment, determining that the company is not obligated to provide further benefit payments due to Cahn's breach of their disability insurance contract. Cahn sustained an injury when an industrial barrel rolled into his leg and subsequently filed a claim under his policy. Paul Revere initially paid benefits on an interim basis but requested additional information from Cahn, which he failed to provide. This lack of cooperation led Paul Revere to take enforcement actions, culminating in the lawsuit. The court noted that under relevant case law, an insurer can disclaim coverage if the insured willfully fails to provide requested information. Cahn's repeated failure to submit essential information, including health statements and details about prior employment, constituted a breach of the insurance policy. The evidence supported the conclusion that his non-cooperation was willful, justifying Paul Revere's disclaimer of coverage. The district court's decision to grant summary judgment in favor of Paul Revere was affirmed.