[Download] "Gonzalez-Marin v. Equitable Life Assurance Society of United States" by United States Court of Appeals for the First Circuit * Book PDF Kindle ePub Free

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eBook details

• Title: Gonzalez-Marin v. Equitable Life Assurance Society of United States
• Author : United States Court of Appeals for the First Circuit
• Release Date : January 06, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 85 KB

Description

BOWNES, Circuit Judge. Defendant-appellant, the Equitable Life Assurance Society of the United States (Equitable), contests a jury verdict ordering both the specific performance of a disability income policy and the payment of moral damages to Neftali Gonzalez Marin, the purchaser and beneficiary of the disputed policy. Gonzalez became disabled by catatonic schizophrenia1 within three months after purchasing the insurance policy. He therefore filed a claim for benefits with Equitable. Although Equitable found Gonzalez disabled within the meaning of the policy, it withheld benefits and sent Gonzalez a notice of rescission. Its reason was that the insured ostensibly had misrepresented his predisability income in his application for insurance and that therefore the policy was unenforceable. Suit was filed on behalf of Gonzalez for reinstatement, back pay benefits and moral damages.2 On appeal, Equitable alleges numerous errors which raise four distinct issues: (1) the sufficiency of the evidence, (2) the possibility of prejudice resulting from the presence of Gonzalez in the courtroom, (3) the propriety of the closing argument by Gonzalez's counsel, and (4) the amount of the verdict.

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