HOSP. SERV. PLAN, N.J. v. PHILLIPS


126 N.J. Super. 246 (1973)

313 A.2d 811

HOSPITAL SERVICE PLAN OF N.J. ET AL., PLAINTIFFS, v. MARY JANE AND LOUIS PHILLIPS, DEFENDANTS.

Superior Court of New Jersey, District Court, Middlesex County.

Decided December 13, 1973.


Attorney(s) appearing for the Case

Ms. Phyllis J. Kessler for plaintiffs (Messrs. Pitney, Hardin and Kipp, attorneys).

Mr. John L. Maddalena for defendants (Messrs. Mezzacca, Guida and Maddalena, attorneys).


COHEN, J.C.C., Temporarily Assigned.

The plaintiffs, Blue Cross and Blue Shield, made payments for hospital and surgical services which, they now assert, were within the workmen's compensation exclusions of their contracts. They brought this action against their subscriber and his injured dependent for the amount of the payments. The matter is here on plaintiffs' motion for summary judgment.

The exclusionary language in the two contracts is essentially the...

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