Legal Opinion

Egan v. New York Care Plus Insurance

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 2000PublishedCited by 18 opinions

1Opinion of the Court

Crew III, J. P.

Appeal from an order of the Supreme Court (Canfield, J.), entered November 22, 1999 in Albany County, which, inter alia, denied defendants’ motion for partial summary judgment dismissing plaintiffs third, fourth and fifth causes of action in the complaint.

In 1997, plaintiff was diagnosed as having central nervous system Lyme disease. As a consequence, his physician sought from defendants, who insured plaintiff under a “Care Plus Health Care Contract,” preapproval of intravenous antibiotic therapy. This request eventually was denied upon the basis that prolonged intravenous…

2Cases cited4 opinions

  1. Gaidon v. Guardian Life Insurance Co. of AmericaNew York Court of Appeals · 1999
  2. Fourth Branch Associates Mechanicville v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Roklina v. Skidmore CollegeAppellate Division of the Supreme Court of the State of New York · 2000
  4. Tate v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by18 opinions

  1. Brooks v. Key Trust Co. National Ass'nAppellate Division of the Supreme Court of the State of New York · 2006
  2. Gizzi v. HallAppellate Division of the Supreme Court of the State of New York · 2002
  3. Skibinsky v. State Farm Fire & Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Trikas v. Universal Card Services Corp.District Court, E.D. New York · 2005
  5. Todd v. Grandoe Corp.Appellate Division of the Supreme Court of the State of New York · 2003

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