RUBIN v. EMPIRE MUT. INS. CO.


57 Misc.2d 104 (1967)

Marvin Rubin, Plaintiff, v. Empire Mutual Insurance Company, Defendant.

Civil Court of the City of New York, New York County.

December 4, 1967


Attorney(s) appearing for the Case

Mazur, Dontzin & Mazur for plaintiff. Philip Hoffer and Harold Samuel Herman for defendant.


HARRY GITTLESON, J.

This action was submitted to me upon an agreed statement of facts.

The issue herein is whether the medical payment provisions of the insurance policy issued by defendant provide coverage when plaintiff was entitled to workmen's compensation and payments were made thereunder on his behalf for medical care and attention.

The policy provides in part as follows:

"Coverage C — Medical payments: To pay all...

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