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BELL v. MUT. HEALTH & ACC. ASSN.

19 Misc.2d 754 (1959)

David Bell, Plaintiff, v. Mutual Benefit Health & Accident Association of Omaha, Defendant.

Supreme Court, Special Term, Bronx County.

October 9, 1959.

Attorney(s) appearing for the Case

Watters & Donovan for defendant.

Benjamin Newman and Robert L. Bachner for plaintiff.

JACOB MARKOWITZ, J.

This is a motion to dismiss plaintiff's second cause of action under rule 106 of the Rules of Civil Practice.

It appears from the complaint that plaintiff purchased a health and accident insurance policy from the defendant and had been receiving benefits thereunder due to disability. It is also alleged that defendant has informed plaintiff that it refuses to pay any further sums of...

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