JOHNSON v. MUT. HEALTH & ACC. ASSN.


5 A.D.2d 103 (1957)

Lee Johnson, Respondent, v. Mutual Benefit Health and Accident Association of Omaha, Nebraska, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 19, 1957.


Attorney(s) appearing for the Case

Harold E. Simpson for appellant.

Bruce G. Dean for respondent.

BERGAN, COON and GIBSON, JJ., concur with FOSTER, P. J.; HALPERN, J., dissents in part, in an opinion.


FOSTER, P. J.

Defendant appeals from a judgment of the Supreme Court reforming a health and accident policy of insurance, and directing payment of certain benefits thereunder.

The judgment is based, among other things, upon a finding that an oral contract for health and accident insurance along the lines of the policy as reformed existed between the parties on April 4, 1951. On that date respondent was...

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