Quimbee logo
DMCA.com Protection Status
From our private database of 18,300+ case briefs...

Acquista v. New York Life Insurance Company

Appellate Division of New York
730 N.Y.S.2d 272 (2001)


Acquista (plaintiff) is a physician specializing in internal and pulmonary medicine. In November 1995, Acquista became ill and was instructed by his treating physicians to avoid exposure to radiation. His illness caused him to continually suffer from easy fatigue, headaches, and muscle and joint pain. Acquista is insured under three disability insurance policies issued by New York Life Insurance Company (New York Life) (defendant). After delaying its decision on the merits of Acquista’s claim, New York Life denied insurance covered to Acquista under all three policies on the ground that Acquista can still perform some of “the substantial and material duties” of his regular job and therefore is not “totally disabled.” Acquista brought suit in New York state court against New York Life, alleging claims for breach of contract, bad faith and unfair practices, fraud and fraudulent misrepresentation, and negligent infliction of emotional distress. The trial court granted New York Life’s motion to dismiss all of Acquista’s claims except for his claim based upon the provision in his insurance policy for residual and partial disability benefits. Acquista appealed.

Rule of Law


Holding and Reasoning (Saxe, J.)

Dissent (Andrias, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 486,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 486,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,300 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial