VARSITY BUS v. GROUP HEALTH INS.


58 Misc.2d 488 (1968)

Varsity Bus, Inc., Plaintiff, v. Group Health Insurance, Inc., Defendant.

Supreme Court, Trial Term, Queens County.

December 16, 1968


Attorney(s) appearing for the Case

Shatzkin & Cooper for plaintiff. Beer, Richards, Haller & O'Neil for defendant.


HAROLD TESSLER, J.

In this action for breach of contract, plaintiff sues to recover the sum of $14,993.36 which it claims is a "dividend" to which it is entitled under its contract of insurance with the defendant because of its favorable claim experience during the period September 13, 1965 through August 31, 1966. The facts are almost entirely without dispute.

In the spring of 1965, plaintiff was awarded...

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