38 A.D.2d 897 | N.Y. App. Div. | 1972
Order, Supreme Court, New York County, entered on September 2, 1971, determining that the defendant is liable for the hospital and medical expenses of plaintiff for the period from October 23, 1968 to November 28, 1968, modified, on the law, to the extent that so much of the order appealed from as granted plaintiff’s motion for summary judgment for the expenses of this said period is reversed and that portion of the motion for summary judgment denied; and otherwise affirmed, without costs and without disbursements. We have for evaluation an “accident”, not a “ sickness ”, and they are both treated differently in the policy. An “ accident” is governed by “Part C”, which says the benefits recovered shall not exceed “the Maximum Benefit in a Benefit Period”. And “Benefit Period” is circumscribed from the date of the first expense to two years thereafter. This period expired in 1964. It, therefore, was error to award benefits in 1968 for treatment of the same accident. In effect this unfortunate plaintiff is attempting to recover expenses incurred in 1968-1969, resulting from an accident in 1962, for which initial expenses, occurring within the “Benefit Period” (two years), the defendant has already paid. In our view, the terms of the policy, accepted by the plaintiff, are no less unambiguous than those interpreted against the plaintiff in Greenman v. American Cas. Co. of