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LEIBOWITZ v. MUT. OF OMAHA INS. CO.

71 Misc.2d 838 (1972)

Hyman Leibowitz, Plaintiff, v. Mutual of Omaha Insurance Co., Defendant.

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

October 6, 1972

Attorney(s) appearing for the Case

Matthew L. Salonger for plaintiff. Hart & Hume for defendant.

BEATRICE SHAINSWIT, J.

In this action to recover benefits under a health insurance policy, summary judgment is granted to plaintiff.

It is axiomatic that, in construing a policy such as the one here in suit, insured is entitled to a liberal construction which will effectuate the purpose of the policy and provide him with the coverage he thought he was receiving. (Matter of Vanguard Ins. Co. v. Polchlopek, 18 N.Y.2d 376...

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