ZASULY v. MUT. BENEFIT HEALTH & ACC. ASSN.


19 N.Y.2d 385 (1967)

Jacob Zasuly, Respondent, v. Mutual Benefit Health & Accident Association, Appellant.

Court of Appeals of the State of New York.

Decided April 18, 1967.


Attorney(s) appearing for the Case

Walter C. Reid and Thomas A. Harnett for appellant.

Paul L. Klein and Michael H. Wank for respondent.

Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN concur with Chief Judge FULD; Judge KEATING dissents and votes to affirm in an opinion in which Judge BREITEL concurs.


Chief Judge FULD.

This case concerns a purported "ambiguity" between two provisions in a group disability insurance policy — the provision typed on the cover of the policy which indicates that, in the event of sickness, benefits would be paid up to "10 years" while the other provision printed, in Part G, which recites that "No [sickness] benefits * * * shall be paid after the Insured's seventy-second birthday...

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