TYROLER v. CONT'L CAS. CO.


31 A.D.2d 8 (1968)

Regine H. Tyroler, Respondent, v. Continental Casualty Company, Appellant

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

November 7, 1968.


Attorney(s) appearing for the Case

John B. Foley of counsel (McCormick, Dunne & Foley, attorneys), for appellant.

Donald Marks of counsel (John Buckley with him on the brief; Baer & Marks, attorneys), for respondent.

CAPOZZOLI and TILZER, JJ., concur with McGIVERN, J.; BOTEIN, P. J., dissents in opinion, in which STEVENS, J., concurs.


McGIVERN, J.

The plaintiff, a woman over 90 years of age, was issued in 1961 by the defendant insurance company a medical policy described in bold print as a "5000 Reserve Hospital Policy", "available only to persons over 65 years of age." She paid the premiums as they became due and the company accepted them. Come the year 1965-66, she became ill and entered the Lenox Hill Hospital, New York City. On recommendation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases