Appellate Terms of the Supreme Court of New York, 1969

Cassedy v. Connecticut General Life Insurance

Cassedy v. Connecticut General Life Insurance
Appellate Terms of the Supreme Court of New York · Decided July 9, 1969
60 Misc. 2d 720; 304 N.Y.S.2d 142; 1969 N.Y. Misc. LEXIS 1373

Counsel

Casey, Lane & Mittendorf (Charles M. Pratt and William E. Kelly of counsel), for appellant. John J. Carlin for respondent.

Cassedy v. Connecticut General Life Insurance

Opinion of the Court

Per Curiam.

In our opinion, the amendment to the group insurance policy, which was agreed upon between defendant and the trustee and plan administrator, was binding upon plaintiff’s testator and effective to reduce the maximum medical catastrophe expense benefits from $10,000 to $5,000 as of December 8, 1964. Since it is undisputed that defendant has paid to plaintiff the maximum amount due under the policy, as amended, the action must be dismissed.

The judgment should be unanimously reversed, without costs and complaint dismissed.

Glickman and Pittoni, JJ., concur; Coyle, P. J., not voting.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.