Western New York Medical Plan, Inc. v. Wikler

Judgment modified on the law in accordance with the memorandum and as modified affirmed, without costs of this appeal to any party. Memorandum: We agree with Special Term that the amendment of subdivision 1 of section 250 of the Insurance Law by chapter 621 of the Laws of 1957 was mandatory in effect and is to be read into all contracts to which it is applicable even though the contracts were issued in a form which in terms limited indemnity to medical care provided through physicians (Matter of United Med. Serv. v. Holz, 5 Misc 2d 999, affd. 4 A D 2d 1017; New York Life Ins. Co. v.…