Nalezenec v. Blue Cross of Western New York, Inc.

—Order unanimously affirmed with costs. Memorandum: Plaintiff John Nalezenec enrolled in a health care plan provided by Local 55 UAW Welfare Fund through his employer. Upon retirement, Nalezenec continued to participate by paying premiums to the Plan for Over 65 Limited Hospital Coverage, Over 65 Limited Medical Coverage, and a Major Medical rider provided by defendants. Nalezenec’s wife was admitted to a skilled nursing facility in 1987. Medicare paid the entire costs of her care for the first 20 days after admission and paid part of the costs for the next 80 days. At that point, Medicare…