Legal Opinion
Shapiro v. Ætna Insurance
New York Supreme Court
Decided November 30, 1960PublishedCited by 4 opinions
1Opinion of the CourtMario Pittoni, J.
Plaintiff’s motion for summary judgment is denied.
The plaintiff seeks to recover $910 from the defendant insurer for money paid to a licensed practical nurse, under an insurance policy which agreed to pay for “ professional nursing ” services needed for injuries sustained in an accident. The defendant has refused to pay on the ground that a licensed practical nurse is not a “ professional” nurse, and that the term applies only to a registered professional nurse.
An ambiguity is present as to what is meant by “ professional nursing,” and this prevents summary judgment in favor of the plaintiff.…
2Cases cited2 opinions
- Hartol Products Corp. v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1943
- Lachs v. Fidelity & Casualty Co.New York Court of Appeals · 1954
3Cited by4 opinions
- Burton v. Choctaw CountyMississippi Supreme Court · 1997
- Cities Service Company v. Gardinier, Inc.Superior Court of Delaware · 1975
- Delsie Burton v. Choctaw Cnty MSMississippi Supreme Court · 1994
- Tufano Contracting Corp. v. Port of New York AuthorityNew York Supreme Court · 1962