Legal Opinion
Stasack v. Capital District Physicians' Health Plan, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2002PublishedCited by 3 opinions
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Supreme Court (Canfield, J.), entered January 9, 2001 in Rensselaer County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.
After being informed by his treating ophthalmologist that defendant was unlikely to provide coverage for his LASIK eye surgery,1 plaintiff, without contacting defendant for prior authorization, paid LCA Vision Laser Associates $4,900 and proceeded to have the surgery performed. As a result of the surgery, plaintiff’s distance vision was improved to 20/20 from 20/400, but he continued to require…
2Cases cited5 opinions
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- State v. Home Indemnity Co.New York Court of Appeals · 1985
- Phillips v. McClellan Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1999
- Harrigan v. Liberty Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
- State Farm Mutual Automobile Insurance v. BentleyAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by3 opinions
- State Farm Mutual Automobile Insurance v. GlinbizziAppellate Division of the Supreme Court of the State of New York · 2004
- Raymond Corp. v. National Union Fire Insurance Co. of PittsburghAppellate Division of the Supreme Court of the State of New York · 2004
- Todd v. Wayne Cooperative InsuranceAppellate Division of the Supreme Court of the State of New York · 2006