Malican v. Blue Shield of Western New York, Inc.

The question presented on this appeal is whether either the terms of defendant’s contract for medical and surgical benefits or section 250 of the Insurance Law provides coverage for the cost of services rendered to plaintiff’s daughter by a psychiatric social worker at the Buffalo Psychiatric Clinic, Inc.

On September 1, 1972 plaintiff and his wife visited the Buffalo Psychiatric Clinic, Inc. in connection with family problems and spoke with Dr. Burton Stulberg. Dr. Stulberg referred them for counseling to a clinical psychologist on the staff with whom they met 12 times over the course of the…