Legal Opinion

Steven S. v. GHI

Civil Court of the City of New York

Decided September 7, 2004Published

1Opinion of the Court

OPINION OF THE COURT

Barbara Jaffe, J.

Claimant, father of 17 year old Scott S., seeks reimbursement in the amount of $5,000 from defendant health insurer for a *214$7,500 surgical procedure performed on Scott to remove enlarged breast tissue. Defendant denied coverage, relying on its Comprehensive Benefits Plan (the plan). Testifying for claimant were claimant, his son Scott, and Kathy Gross, M.D., Scott’s pediatrician. Testifying for defendant was Allison Williams. All witnesses were credible. Judgment is granted claimant.

I. Facts Adduced at Trial

Scott suffered from a condition known as bilateral…

2Cases cited4 opinions

  1. Caporino v. Travelers InsuranceNew York Court of Appeals · 1984
  2. Neuwirth v. Blue Cross & Blue ShieldNew York Court of Appeals · 1984
  3. Wachtel v. Metropolitan Life InsuranceAppellate Terms of the Supreme Court of New York · 1990
  4. Wachtel v. Metropolitan Life InsuranceNassau County District Court · 1988

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