ESLICK v. BLUE CROSS OF WESTERN NEW YORK, INC.


159 A.D.2d 940 (1990)

David H. Eslick, Individually and on Behalf of Those Similarly Situated, Appellant, v. Blue Cross of Western New York, Inc., et al., Respondents

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

March 16, 1990


Order unanimously affirmed without costs.

Memorandum:

We affirm for the reasons stated in the memorandum decision at Supreme Court (Flaherty, J.). We add that there is no merit to plaintiff's contention that the amendment to the policy is ineffective because of noncompliance with the Insurance Law and Regulations of the Superintendent of Insurance. Insurance Law § 4304 (f) authorizes the amendment in question...

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