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RIGGS v. BLUE CROSS

92 A.D.2d 365 (1983)

Philip J. Riggs, Respondent, v. Blue Cross of Western New York, Inc., Appellant

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

April 1, 1983

Attorney(s) appearing for the Case

Falk & Seimer (Richard C. Marcus of counsel), for appellant.

Abbott, Tills, Tills & Knapp (Kenneth W. Knapp of counsel), for respondent.

CALLAHAN, DOERR, DENMAN and MOULE, JJ., concur.

HANCOCK, JR., J. P.

In this appeal we construe a "Contract for Hospital In-Patient and Out-Patient Service" issued by defendant, Blue Cross of Western New York, a nonprofit hospital service corporation. Among other benefits, the contract provides insurance coverage for specified in-patient services and excludes coverage for "[a]dmissions to, or any portion of an admission to, a hospital primarily for * * * convalescent or custodial care; or rest cures...

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