Legal Opinion
Zaitschek v. Empire Blue Cross & Blue Shield
Civil Court of the City of New York
Decided September 5, 1995PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Frederick D. Schmidt, J.
Plaintiff’s decedent entered into a health insurance contract *162with defendant not-for-profit corporation. Although the decedent did not pay her quarterly premium on its due date of March 1, 1989, she filed a claim against the policy on March 6 of that year. While defendant paid the amount of the claim, the check was returned by the attorney for the decedent’s estate, who asked that a replacement check be issued. The defendant then determined that the decedent’s policy had in fact been terminated due to nonpayment and it refused to honor the claim.…
2Cases cited2 opinions
- First Bankers Insurance Co. v. NewellTexas Supreme Court · 1971
- First Bankers Insurance Company v. NewellCourt of Appeals of Texas · 1971
3Cited by5 opinions
- John Pelliccia, M.D. v. Anthem Insurance Companies, Inc.Indiana Court of Appeals · 2018
- Zaitschek v. Empire Blue Cross & Blue ShieldAppellate Terms of the Supreme Court of New York · 1997
- Makastchian v. Oxford Health Plans, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Legg v. Fortis Ins. Co.Court of Civil Appeals of Alabama · 2007
- Jimenez v. Occidental Fire & Casualty Company of North CarolinaDistrict Court, E.D. New York · 2023