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Boyd: Insurer `could cover' pre-existing conditions

A former hotel executive yesterday insisted that he informed an insurance company before signing up with them that he wanted no exclusions for pre-existing medical conditions attached to the hotel's policy.

The assertion came during the second day of the Supreme Court civil case between David Boyd, the one-time president and managing director of the Sonesta Beach Resort in Southampton, and Colonial Insurance.

Mr. Boyd, who now lives in South Carolina after leaving the top post due to chronic pain, filed a suit against the insurance company after they refused to provide him with disability insurance following his resignation nearly two years ago.

At issue, according to Mr. Boyd's lawyer Jai Pachai, is the interpretation of a June 5, 1996 amendment clause to the hotel's insurance policy.

"The issue in this case is whether or not this policy, as it is finally to be interpreted by the court, does or does not include an exclusion for pre-existing medical conditions,'' Mr. Pachai said.

If the court finds in Mr. Boyd's favour, he will be entitled, according to Mr.

Pachai, to 66.6 percent of his basic monthly earnings.

On Monday, Puisne Judge Vincent Meerabux heard how Sonesta switched insurance companies, leaving Crown Life and joining Colonial Insurance.

Mr. Boyd had insisted that he made it clear to Colonial that any insurance policy would have to cover everyone regardless of their medical history.

And he said that he was assured that Colonial could write a policy without regard to pre-existing medical conditions.

Mr. Boyd also testified that he told Colonial that he had a neurological problem which caused daily chronic pain and that he was concerned about long-term disability.

He first noticed his illness in June, 1986.

In a January 30, 1996 meeting with various Sonesta executives and a Colonial official, Mr. Boyd said that he restated his stance on the issue of pre-medical conditions.

"I thought I was almost boring in reminding everyone that these policies had to come in as discussed,'' he had said. On June 10, 1996 Mr. Boyd called the executive vice president of Sonesta and informed her that he could no longer cope and would "go out on disability''.

Yesterday, during lengthy cross examination by lawyer Saul Froomkin, Mr. Boyd admitted he was not involved in the actual negotiations with Colonial.

But he insisted that his colleagues were aware of the required terms despite the fact that he did not give any "written'' instructions.

Mr. Boyd said when he finally read the completed policy on long term disability in May 1996, he requested an amendment to remove the pre-existing medical conditions exclusions which still remained in the document.

When questioned by Mr. Froomkin about his long term disability claims form, Mr. Boyd admitted that he wrote May 23 as the day he experienced his first symptoms of his illness.

And he conceded that he also wrote May 23 as his last day of work.

But Mr. Boyd insisted that he misinterpreted the questions, thinking that he was suppose to say when he last set foot in the hotel and when his final painful episode began.

The case continues today before Mr. Justice Meerabux.

David Boyd