In New York State, an insurance company is not able to dispute coverage under a disability policy as long as an insured has held the policy for over two years. Under New Jersey law, coverage can be denied if the insured "concealed a known disability." Apparently, Brenner knew his degenerative condition would impact him professionally long before he applied for insurance.
When the New York County Supreme Court determined that the dispute was subject to Jersey law, Brenner appealed to the Appellate Division, First Department, which found that Jersey had the most significant "nexus" or connection with this particular transaction.
The policy had been contracted and executed in Jersey, Brenner's domicile was in that state, his tax returns, driver's license and voter registration records all reflected Brenner's Jersey address, and Brenner's orthopedic surgery practice was located in Emerson, New Jersey.
Unless the Court of Appeals intervenes, there's no light at the end of this side of the tunnel for Dr. Brenner.
To download a copy of the Appellate Division's decision, please use this link: Brenner v. Hartford Life Insurance Co.