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

OPINION OF THE COURT

Hancock, Jr., J. P.

In this appeal we construe a “Contract for Hospital InPatient and Out-Patient Service” issued by defendant, Blue Cross of Western New York, a nonprofit hospital service corporation. Among other benefits, the contract provides insurance coverage for specified in-patient services and excludes coverage for “[ajdmissions to, or any portion of an admission to, a hospital primarily for * * * convalescent or custodial care; or rest cures.”

Plaintiff, a subscriber under the policy, was admitted on January 21, 1980, to the second floor of Bry-Lin Hospital *366for…