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Zaitschek v. Empire Blue Cross and Blue Shield

Supreme Court, Appellate Term, Second Department
Apr 21, 1997
172 Misc. 2d 864 (N.Y. App. Term 1997)

Summary

addressing statute identical to I.C. § 27–8–5–3 and holding insurer could deny claims incurred during grace period where insurer never made belated premium payment and stating, "A grace period is not intended as a free bonus month of insurance coverage added to every contract."

Summary of this case from Pelliccia v. Anthem Ins. Cos.

Opinion

April 21, 1997

APPEAL from a judgment of the Civil Court of the City of New York, Queens County (Frederick D. Schmidt, J.), entered November 2, 1995, which dismissed plaintiff's action.

Zaitschek v Empire Blue Cross Blue Shield, 166 Misc.2d 161, affirmed.

Michael S. Winokur, Rego Park, for appellant.

Jeffrey D. Chansler, New York City ( Gary K. Tannenbaum of counsel), for respondent.


MEMORANDUM.

Judgment unanimously affirmed, with $25 costs, for the reasons stated in the decision of the court below ( 166 Misc.2d 161).

KASSOFF, P.J., ARONIN and CHETTA, JJ., concur.


Summaries of

Zaitschek v. Empire Blue Cross and Blue Shield

Supreme Court, Appellate Term, Second Department
Apr 21, 1997
172 Misc. 2d 864 (N.Y. App. Term 1997)

addressing statute identical to I.C. § 27–8–5–3 and holding insurer could deny claims incurred during grace period where insurer never made belated premium payment and stating, "A grace period is not intended as a free bonus month of insurance coverage added to every contract."

Summary of this case from Pelliccia v. Anthem Ins. Cos.
Case details for

Zaitschek v. Empire Blue Cross and Blue Shield

Case Details

Full title:BURTON ZAITSCHEK, as Executor of ESTHER NEDER, Deceased, Appellant, v…

Court:Supreme Court, Appellate Term, Second Department

Date published: Apr 21, 1997

Citations

172 Misc. 2d 864 (N.Y. App. Term 1997)
662 N.Y.S.2d 171

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