Graham v. Reserve Life Insurance Company

Defendant’s denial of liability to plaintiff is based upon the contentions (1) that plaintiff has incurred no expense for his hospitalization at Eastern because it is a State hospital where “he was entitled to receive, and did receive, treatment and maintenance free of charge”; (2) that its policy is a contract of indemnity against loss, and plaintiff has shown no out-of-pocket expense; and (3) that to the extent Eastern attempts to collect from some patients and not from others, or to collect varying amounts for the same services, “Such policy creates an unwarranted discrimination” between…