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FID. & CAS. v. METRO. LIFE

42 Misc.2d 616 (1963)

Fidelity and Casualty Company of New York, Plaintiff, v. Metropolitan Life Insurance Company, Defendant.

Supreme Court, Special and Trial Term, New York County.

December 31, 1963

Attorney(s) appearing for the Case

Hendler & Murray (Jerome Murray of counsel), for plaintiff. Townley, Updike & Carter (Stuart N. Updike of counsel), for defendant.

HARRY B. FRANK, J.

This action is brought for the recovery of moneys claimed as due under the divisible surplus feature of a group hospital and surgical policy issued by the defendant, Metropolitan Life Insurance Company, a mutual insurance company incorporated under the laws of this State. The unusual fact pattern and the somewhat cryptic pleading of the cause of...

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