Bowler v. Fidelity & Casualty Co. of NY

The opinion of the court was delivered by

Erancis, J.

Plaintiff James B. Bowler as the holder of a “Maximum Benefit Accident” insurance policy issued to him by defendant Fidelity & Casualty Company of Hew York sought certain benefits allegedly due thereunder. On defendant’s motion the trial judge ordered summary judgment in its favor on plaintiff’s claim for total and permanent disability benefits. He also entered summary judgment for plaintiff requiring defendant to pay one week’s benefits in addition to those previously paid for total. disability as defined in the policy. Both parties…