Bellmon v. Blue Cross & Blue Shield

OPINION OF THE COURT

Charles H. Cohen, J.

The question presented to the court, upon an agreed statement of facts, is whether plaintiff is entitled to recover against defendant for hospital expenses in the amount of $836 incurred between July 21, 1976, and July 26, 1976, by reason of injuries sustained in a motor vehicle accident on July 16, *4461976, for which plaintiff had full mandatory New York no-fault coverage.

Plaintiff, an employee of the City of New York, was entitled to coverage under the city’s hospitalization contract with defendant. This contract dated July 1, 1967, contained no…