Court of Appeals Answers Question Certified By the Second Circuit

In Benesowitz v Metropolitan Life Ins. Co., 2007 NY Slip Op 05580, the New York Court of Appeals answered the following questions which had been certified to it by the Second Circuit:

Whether New York Insurance Law § 3234 (a) (2) means that (1) a policy may impose a twelve-month waiting period during which no benefits will be paid for disability stemming from a pre-existing condition and arising in the first twelve months of coverage or (2) a policy may lawfully include a permanent absolute bar to coverage of disabilities resulting from pre-existing conditions that trigger disability within the first twelve months of the employee's coverage" (471 F3d 348, 353 [2006]).

The Court of Appeal's answer was as follows:

(T)he certified question should be answered as follows: New York Insurance Law § 3234 (a) (2) means that a policy may impose a 12-month waiting period during which no benefits will be paid for a disability stemming from a pre-existing condition and arising in the first 12 months of coverage.