SMITH v. EQUITABLE LIFE ASSURANCE SOC'Y OF THE UNITED STATES


19 A.D.2d 563 (1963)

Agnes Smith, Respondent, v. Equitable Life Assurance Society of the United States, Appellant

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

May 7, 1963


The facts are not in dispute. The policy which incorporated by reference the provisions of the Disability Benefits Law (Workmen's Compensation Law, art. 9) accorded employees, including plaintiff, a choice of coverage by one of two plans; the first required a greater premium contribution by the employee and upon disablement provided benefits more favorable than those prescribed by law; the second exacted a lesser employee contribution toward the total premium and limited...

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