McCarthy v. AMEX Assurance Co.

Appeal from an order of the Supreme Court (Lynch, J.), entered December 28, 1994 in Schenectady County, which, inter alia, granted plaintiff’s cross motion for summary judgment.

In February 1990, defendant issued to plaintiff’s decedent, J. Gilbert Parker, a "Long Term Care Insurance Nursing Home Indemnity Policy” (hereinafter the policy), which was to provide daily benefits to Parker in the event that he was confined as a patient in a nursing home, following a "deductible period” comprised of his first 20 consecutive days as a nursing home patient. Parker became an inpatient at a nursing home…