Al-Care, C.S.W., P.C. v. Blue Shield of Northeastern New York, Inc.

Cross appeals from an order of the Supreme Court (Cheeseman, J.), entered March 15, 1990 in Albany County, which, inter alia, denied plaintiffs’ motion for summary judgment and the cross motion of defendant Blue Shield of Northeastern New York, Inc. for summary judgment dismissing the complaint against it.

On January 1, 1987, plaintiff Rosemary Hamilton entered into a Care Plus Health Care insurance contract with defendant Blue Shield of Northeastern New York, Inc. that also covered her husband and son as her dependents. Of significance here, the contract contained a rider (mandated by…