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BISHOP v. NATIONAL HEALTH INS. CO.

Docket No. 02-9032.

344 F.3d 305 (2003)

Oliver BISHOP, III and Oliver Bishop, IV, Plaintiffs-Appellees, v. NATIONAL HEALTH INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit. August Term, 2002.

Decided September 22, 2003.

Errata Filed: October 16, 2003.

Attorney(s) appearing for the Case

WILLIAM H. CLENDENEN, Jr., New Haven, Connecticut (Kevin C. Shea, Nancy L. Walker, Clendenen & Shea, LLC, New Haven, Connecticut, of counsel), for Defendant-Appellant.

JOHN F. WYNNE, JR., New Haven, Connecticut (Buckley & Wynne, New Haven, Connecticut, of counsel), for Plaintiffs-Appellees.

Before: WALKER, Chief Judge, CARDAMONE, and SOTOMAYOR, Circuit Judges.

CARDAMONE, Circuit Judge.

On December 1, 1997 defendant National Health Insurance Company (National) issued an Individual Hospital Surgical Expense Policy to plaintiff Oliver Bishop, III (Bishop III), on which his son, Oliver Bishop, IV (Bishop IV), as a member of his family, was insured. The policy provided coverage for certain medical expenses for Bishop III and the members of his family, including his son. But the policy excluded coverage for "any loss incurred...

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