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June 29, 2007

CA1: policy not ambiguous

Prostkoff v. Paul Revere Life Insurance Company,  No. 06-2699 (unpublished).  The plaintiff argued (in a declaratory judgment action) that his insurance policy entitles him to cost of living increases on his disability benefits for the duration of his life.  The parties disputed whether a “lifetime benefit rider” contained ambiguous language that contradicted another part of the policy.  But, the First says it isn’t ambiguous. 

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