Can a life insurance policy exclude a claim for treatment of a mental deficiency while the policy is in force?

"New York", United States of America

The following excerpt is from Wallach v. Monarch Life Ins. Co., 345 N.Y.S.2d 1020, 74 Misc.2d 369 (N.Y. App. Term 1969):

In Prince v. U.S. Life Ins. Co. (42 Misc.2d 410, 248 N.Y.S.2d 336, affd. 23 A.D.2d 723, 257 N.Y.S.2d 891, affd. 17 N.Y.2d 742, 270 N.Y.S.2d 209, 217 N.E.2d 33) it was held that psychiatric treatment resulting from a 'bodily injury' caused by an accident occurring while the policy was in force was not subject to the monetary limitation for treatment of mental disease or deficiencies but was a fully covered loss. Thus, the monetary limitation was deemed applicable to treatment of mental disease or deficiencies only when viewed as a mental disorder unconnected with bodily injury, that is, a 'sickness'.

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