BATAS v. PRUDENTIAL INSURANCE COMPANY OF AMERICA


37 A.D.3d 320 (2007)

831 N.Y.S.2d 371

MUSETTE BATAS et al., Appellants-Respondents, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA et al., Respondents-Appellants.

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

Decided February 22, 2007.


The named plaintiffs in this putative class action are participants in health care plans offered or administered by defendant Prudential Insurance Company of America or its wholly owned subsidiary, defendant Prudential Health Care Plan of New York, Inc. (collectively, Prudential). In their complaint, plaintiffs allege that the contracts governing their respective plans provide that the plan will provide "all care—including hospitalization—that is deemed to be...

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