Dr. Stanley Heller, and Cross-Appellant v. The Equitable Life Assurance Society of the United States, and Cross-Appellee

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that the policy term “under the regular care and attendance of a physician” means “that the insured is obligated to periodically consult and be examined by his or her treating physician at intervals to be determined by the physician”
• requiring physician’s care serves purpose of showing that insured is in fact disabled, is not malingering, and is not making fraudulent claim
• “where ... there is no ambiguity, [the courts] will not ignore the very plain language of the policy.”
• “[A] trial judge may properly depend upon counsel to apprise him of the issues for decision. He is not obligated to conduct a search for other issues which may lurk in the plead- ings.”
• “On numerous occasions we have held that if a party fails to press an argument before the district court, he waives the right to present that argument on appeal. . . . As we have made clear, it is axiomatic that arguments not raised below are waived on appeal.”
• “On numerous occasions we have held that if a party fails to press an argument before the district court, he waives the right to present that argument on appeal. . . . As we have made clear, it is axiomatic that arguments not raised below are waived on appeal.”

Source: CourtListener parenthetical corpus (CC0).