Summary
In Beekman v. Van Dolsen (70 Hun 288, 294) the court held that the word "incur" means "become liable for". It does not mean that the medical expenses have actually been paid by the plaintiff. If the defendant had intended actual payment by plaintiff, it could have provided in the policy the words "actually incurred" (see United States v. St. Paul Mercury Ind. Co., 133 F. Supp. 726, 732, 733, affd. 238 F.2d 594), or could have used other appropriate express language to that end.
Summary of this case from Rubin v. Empire Mut. Ins. Co.Opinion
Argued March 3, 1898
Decided March 22, 1898
William Mitchell for appellants.
No appearance for respondent.
Judgment and order affirmed, with costs; no opinion.
All concur, except GRAY, J., absent.