Hyperlawhypertext legal database Kennan v. Equitable Life Assurance Society of the United States 59 Misc. 2d 536

← Cases

Kennan v. Equitable Life Assurance Society of the United States

59 Misc. 2d 536 Court Civil Court of the City of New York, New York County, Decision date 1969-04-15 English

Delivered by Jerome W. Marks, J.

Contents

Majority

p. 536
Bruce M. Kennan, Plaintiff, v. Equitable Life Assurance Society of the United States, Defendant.
Civil Court of the City of New York, New York County,
April 15, 1969.
Bruce M. Kennan, plaintiff in person. Marshall F. Denenholz and Alan G. Friedman for defendant.

The group insurance contract sued upon was prepared and drafted by defendant and must be strictly construed against it.

In that part of the contract which relates to the 1 ‘ covered charges ” for which the defendant is liable, defendant employs the word “equipment” without precise definition. Implicit in the use of this word, “ equipment,” is that the equipment item be needful and necessary to alleviate plaintiff’s illness as diagnosed by his doctor ■(Polliak v. Smith, 19 N. J. Super. 365 ). The air-conditioning unit ordered by plaintiff’s doctor for the purpose of affording plaintiff relief of his ailment is embraced in the term “ equipment ” and therefore plaintiff was justified in buying the air-conditioning unit. Judgment for plaintiff against defendant for $113.06 and appropriate interest.