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SIRKIN v. PHILLIPS COLLEGES, INC.

Civ. A. No. 90-3890.

779 F.Supp. 751 (1991)

Karen SIRKIN, an incompetent by her Legal Guardian, Jeffrey ALBIES, Plaintiff, v. PHILLIPS COLLEGES, INC., the Katherine Gibbs School (Incorporated) and Fox-Everett, Inc., jointly, severally or in the alternative, Defendants.

United States District Court, D. New Jersey.

November 20, 1991.

Attorney(s) appearing for the Case

Richard M. Flexner, Hackensack, N.J., for Karen Sirkin.

Christopher H. Mills, Collier, Jacob & Sweet, Somerset, N.J., for Phillips Colleges.

OPINION

SAROKIN, District Judge.

Introduction

Plaintiff, a mental incompetent, seeks to reinstate certain health plan benefits which lapsed due to her failure to make payments during her incompetency. Defendants contend that the federal statutes which apply in this matter make no provision or allowance for such extensions due to incapacity, and thus coverage cannot be reinstated once there has been a default in premiums no matter what the...

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