New York Court of Appeals, 1981

Danzig v. Dikman

New York Court of Appeals · Decided May 14, 1981

53 N.Y.2d 926; 423 N.E.2d 402; 440 N.Y.S.2d 925; 1981 N.Y. LEXIS 2486

Cases that cite this one

13 later published cases cite this decision.

Behr v. Blue Cross Hospital Service, Inc. (Mo. 1986)
Fields v. Blue Shield of California (Cal. Ct. App. 1985)
Lessard v. Metropolitan Life Insurance (Me. 1989)
Lutsky v. Blue Cross Hospital Service, Inc. of Missouri (Mo. 1985)
Novak v. TRW, INC. (District Court, E.D. New York 1993)
Sonneman v. Blue Cross & Blue Shield of Minnesota (Minn. Ct. App. 1987)
Donald F. Tackitt v. Prudential Insurance Company of America, United States of America, and Special Agents Mutual Benefit Association, Inc. (11th Cir. 1985)
Violanda Soledad v. Texas Farm Bureau Mutual Insurance Company (Tex. App. 2016)
Forbau Ex Rel. Miller v. Aetna Life Insurance Co. (Tex. 1994)
Eckstein v. Monarch Life Insurance (Appellate Division of the Supreme Court of New York 1981)
Kimm v. Blue Cross & Blue Shield (New York Supreme Court 1993)
Holzberg v. Mutual Life Insurance (Appellate Division of the Supreme Court of New York 1984)
Guyer v. United States Fire Insurance (Appellate Division of the Supreme Court of New York 1983)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Vincent A. Lupiano in that court (78 AD2d 303). In view of the recognition of the difference in determining when the liability of the insurer attaches under group medical insurance policies between the time of the occurrence of the event insured against and the time of the incurring of the expenses occasioned thereby — which determinations are generally resolved on the basis of the specific language used in the policies (e.g., Ann., 66 ALR3d 1205, 1208-1218; 68 ALR2d 249, 275-283) — the failure of the insurer to make unmistakably explicit provision in this policy as to which shall control creates an ambiguity which under familiar principles of construction is to be resolved against the insurer.

*928Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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