Legal Opinion

Rothstein v. Provident Life & Casualty Insurance

Appellate Division of the Supreme Court of the State of New York

Decided March 5, 1992Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

In this action, plaintiff seeks to prevent defendant insurer from terminating group health insurance coverage which it issued in November 1985 (Policy 9915) to cover the employees of H. J. Stotter Inc. (Stotter). Specifically at issue is a clause in the policy which provides that coverage for an employee and his dependents ends when "active employment with the Policyholder ceases.” Plaintiff was employed by Stotter when Policy 9915 became effective. Plaintiffs wife, who is covered as a dependent by the policy, was diagnosed as having Lou Gehrig’s disease in 1980. Her…

3Cases cited3 opinions

  1. Matter of Lipschitz v. Hotel Charles, N.Y. Indemnity CoNew York Court of Appeals · 1929
  2. Claim of Lipshitz v. CharlesAppellate Division of the Supreme Court of the State of New York · 1929
  3. Claim of McCarthy v. Alling Personnel Corp.Appellate Division of the Supreme Court of the State of New York · 1972

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