LIEBERMAN v. NAT'L CAS. CO.


50 Misc.2d 1 (1966)

Stanley S. Lieberman, as Assignee of Maxwell Lieberman, Appellant, v. National Casualty Company, Respondent.

Supreme Court, Appellate Term, First Department.

March 31, 1966


Attorney(s) appearing for the Case

Stanley S. Lieberman, appellant, in person. Bowling & Bowling (Robert F. Bowling of counsel), for respondent.

HOFSTADTER, and GOLD, JJ., concur; TILZER, J. P., dissents in memorandum.


Per Curiam.

Under the Professional Major Hospital and Nurse Expense Policy before us, defendant agreed to pay 80% of the covered expenses incurred during the benefit period in excess of $500 — "the applicable deductible * * * as the result of any one accident or sickness". Part II of the policy provides that at the end of any period of three consecutive months during which the covered expenses are less than ...

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