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ELVIRA CASSEDY v. CONNECTICUT GENERAL LIFE INSURANCE COMPANY (07/09/69)

NEW YORK SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT


July 9, 1969

ELVIRA CASSEDY, AS EXECUTRIX OF JOSEPH CAGGIANO, DECEASED, RESPONDENT,
v.
CONNECTICUT GENERAL LIFE INSURANCE COMPANY, APPELLANT

Cassedy v. Connecticut Gen. Life Ins. Co., 56 Misc. 2d 970, reversed.

Glickman and Pittoni, JJ., concur; Coyle, P. J., not voting.

Author: Per Curiam

In our opinion, the amendment to the group insurance policy, which was agreed upon between defendant and the trustee and plan administrator, was binding upon plaintiff's testator and effective to reduce the maximum medical catastrophe expense benefits from $10,000 to $5,000 as of December 8, 1964. Since it is undisputed that defendant has paid to plaintiff the maximum amount due under the policy, as amended, the action must be dismissed.

The judgment should be unanimously reversed, without costs and complaint dismissed.

Judgment reversed, etc.

Disposition

Judgment reversed, etc.

19690709

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