Mossa v. Provident Life and Casualty Insurance Company
United States District Court for the Eastern District of New York
36 F. Supp. 2d 524 (1999)
Patrick Mossa (plaintiff), an economics graduate who had co-owned a produce store and later a heating and air-conditioning contracting business, held a disability policy from Provident Life and Casualty Insurance Company (defendant) that defined total disability, after an initial period, as inability to engage in 'any gainful occupation' suited to his education, training, or experience. After paying Mossa's disability benefits for a period following his injury, Provident cut off payments, claiming its records showed Mossa could still work in a gainful occupation, and Mossa sued to recover total disability benefits; Provident moved for summary judgment.
Whether an insured is barred from recovery for total disability under a disability-insurance policy if the insured could find a job paying any wage, even if it is not comparable to the insured's previous wage.