Flushing Hospital & Medical Center v. Woytisek

The issue here is whether the meaning of the provision of a policy of insurance issued by the third-party defendant, Associated Hospital Service of New York (Blue Cross), which reads: "Discount Days. The hospital shall make no charge to the Subscriber for 50% of the hospital’s regular charges for Hospital Service rendered during the Discount, days”, is so clear, in and of itself, that its interpretation is a question of law and that no trial is necessary to determine its legal effect.

The Facts

An understanding of the legal questions involved necessitates a statement of the factual context in…