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TAUB v. (AM.) LUMBERMENS MUT. CAS. CO.

197 Misc. 888 (1950)

Leo Taub, Plaintiff, v. (American) Lumbermens Mutual Casualty Company of Illinois, Defendant.

Municipal Court of the City of New York, Borough of Manhattan.

June 1, 1950.

Attorney(s) appearing for the Case

Robert Markewich for plaintiff.

William C. Morris, Robert O. Ewell and Charles Bakos for defendant.

GENUNG, J.

Plaintiff, Leo Taub (also and otherwise known as Isidore Tobias), seeks to recover the sum of $656.45 for the alleged breach by defendant of the terms and provisions of an insurance contract known as "Personal Hospital Expense Policy" to which is attached "Surgical Benefits Schedule Rider", issued for policy year April 9, 1948, to April 9, 1949.

The policy in question, among other declarations and provisions, specified:

"This...

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