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REID v. UNIVERA HEALTHCARE

1112 CA 19-00940.

178 A.D.3d 1406 (2019)

2019 NY Slip Op 09152

Lois Reid, Appellant, v. Univera Healthcare et al., Respondents.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

LAW OFFICES OF KENNETH HILLER PLLC, AMHERST ( KENNETH R. HILLER OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BOND, SCHOENECK & KING, PLLC, BUFFALO ( STEPHEN A. SHARKEY OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Centra, J.P., Lindley, NeMoyer and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this breach of contract action in April 2018 alleging that defendant Excellus Health Plan, Inc., doing business as Univera Healthcare (Univera), improperly sued as Univera Healthcare and Excellus Health Plan, Inc., erroneously denied her Medicare Part D prescription drug coverage under the health insurance agreement (the Plan) between plaintiff...

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