KENNAN v. EQUITABLE LIFE ASSUR. SOC. OF UNITED STATES


59 Misc.2d 536 (1969)

Bruce M. Kennan, Plaintiff, v. Equitable Life Assurance Society of the United States, Defendant.

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

April 15, 1969


Attorney(s) appearing for the Case

Bruce M. Kennan, plaintiff in person. Marshall F. Denenholz and Alan G. Friedman for defendant.


JEROME W. MARKS, J.

The group insurance contract sued upon was prepared and drafted by defendant and must be strictly construed against it.

In that part of the contract which relates to the "covered charges" for which the defendant is liable, defendant employs the word "equipment" without precise definition. Implicit in the use of this word, "equipment," is that the equipment item be needful and necessary to alleviate plaintiff's illness as diagnosed...

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