United States Second Circuit
Metz v. The US Life Ins. Co. in the City of New York, 10-4305
In an appeal from a Rule 12(b)(6) dismissal of plaintiff's complaint alleging that defendant failed to pay insurance benefits to which she was entitled, judgment is affirmed where plaintiff did not incur the charges for which she claims, because, under New York law, an insured must at some point be legally liable to pay that charge, even if liability is later extinguished prior to payment, for the insured to have incurred such medical charges.
Appellate Information
- Decided 12/08/2011
- Published 12/08/2011
Judges
Court
- United States Second Circuit