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McCARTHY v. AMEX ASSURANCE CO.

223 A.D.2d 819 (1996)

636 N.Y.S.2d 475

E. Avery McCarthy, as Administrator of The Estate of J. Gilbert Parker, Deceased, Respondent, v. AMEX Assurance Company, Appellant

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

January 11, 1996

Spain, J.

In February 1990, defendant issued to plaintiff's decedent, J. Gilbert Parker, a "Long Term Care Insurance Nursing Home Indemnity Policy" (hereinafter the policy), which was to provide daily benefits to Parker in the event that he was confined as a patient in a nursing home, following a "deductible period" comprised of his first 20 consecutive days as a nursing home patient. Parker became an inpatient at a nursing home on June 11, 1993. Five...

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