§Why CasetextPricing

Aetna Health Plans,, Appellant,v.Hanover Insurance Company, Respondent.

Brief

20 Cited authorities

  1. Kaf-Kaf, Inc. v. Rodless

    90 N.Y.2d 654 (N.Y. 1997)   Cited 146 times
    Recognizing subrogation waiver clauses in the co-op by-laws as valid and binding on the insurers

  2. Elrac, Inc. v. Ward

    96 N.Y.2d 58 (N.Y. 2001)   Cited 115 times
    Holding that anti-subrogation principles apply to both self-insurers and insurance companies

  3. Stark v. Goldberg

    297 A.D.2d 203 (N.Y. App. Div. 2002)   Cited 85 times

    5517 August 1, 2002. Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered November 8, 2000, which, insofar as appealed from, granted the motion by plaintiffs, individually and as general and limited partners of defendant 187 Concourse Associates, for reargument of a prior order, entered on or about November 8, 1999, granting defendants' "informal cross-request" for dismissing the complaint, and which, upon reargument, denied said request and reinstated the complaint, unanimously reversed

  4. Jefferson Ins. Co. of N.Y. v. Travelers Indemnity Co.

    1998 N.Y. Slip Op. 9252 (N.Y. 1998)   Cited 85 times
    Ordering two primary insurance carriers with equal policy limits to pay half of the covered cost each without factoring applicable excess policy purchased in a tier above one of the two primary policies into the calculation of that division

  5. Allstate Insurance Company v. Mazzola

    175 F.3d 255 (2d Cir. 1999)   Cited 63 times   1 Legal Analyses
    Holding it is well-established that an insurer's subrogation right begins to accrue at indemnification

  6. A.M. Med. Servs., P.C. v. Progressive Cas. Ins. Co.

    101 A.D.3d 53 (N.Y. App. Div. 2012)   Cited 23 times

    2012-10-17 A.M. MEDICAL SERVICES, P.C., as assignee of Sergo Chadaevi, appellant, v. PROGRESSIVE CASUALTY INSURANCE COMPANY, respondent. Alden Banniettis, Brooklyn, N.Y. (Jeff Henle of counsel), for appellant. McCormack & Mattei, P.C., Garden City, N.Y. (John E. McCormack and Joshua R. Youngman of counsel), for respondent. DANIEL D. ANGIOLILLO Alden Banniettis, Brooklyn, N.Y. (Jeff Henle of counsel), for appellant. McCormack & Mattei, P.C., Garden City, N.Y. (John E. McCormack and Joshua R. Youngman

  7. Federal Ins. v. Spectrum Ins. Co.

    304 A.D.2d 316 (N.Y. App. Div. 2003)   Cited 29 times   1 Legal Analyses
    In Federal Ins. Co. v Spectrum Ins. Brokerage Servs., 304 AD2d 316 [1st Dept 2003], the plaintiff was an insurance company subrogee that brought the action against the broker who allegedly failed to procure sufficient coverage for plaintiff's subrogors as additional insureds, and the insurer with which the broker placed the coverage that it did obtain.

  8. Rockaway Med. v. Progressive

    9 Misc. 3d 52 (N.Y. App. Term 2005)   Cited 26 times

    July 7, 2005. APPEAL from an order of the Civil Court of the City of New York, Queens County (Edgar G. Walker, J.), entered June 8, 2004. The order denied the motion by plaintiff Rockaway Boulevard Medical P.C., doing business as Queens Diagnostic Center, for partial summary judgment. Rockaway Blvd. Med. P.C. v. Progressive Ins., 4 Misc 3d 444, reversed. Amos Weinberg, Great Neck, for appellants. Freiberg Peck, LLP, New York City ( Yilo J. Kang of counsel), for respondent. Before: PESCE, P.J., RIOS

  9. Allstate Insurance v. Belt Parkway Imaging, P.C.

    33 A.D.3d 407 (N.Y. App. Div. 2006)   Cited 23 times
    In Belt Parkway, the First Department upheld the dismissal of Allstate's causes of action for fraud and unjust enrichment to recover for payments made before April 4, 2002 based on the fraudulent licensure of the defendants therein.

  10. Trans-Resources, Inc. v. Hogan

    298 A.D.2d 27 (N.Y. App. Div. 2002)   Cited 18 times
    Holding that assignee of claim is subject to defenses that could have been asserted against assignor

  11. Section 5105 - Settlement between insurers

    N.Y. Ins. Law § 5105   Cited 187 times   1 Legal Analyses

    (a) Any insurer liable for the payment of first party benefits to or on behalf of a covered person and any compensation provider paying benefits in lieu of first party benefits which another insurer would otherwise be obligated to pay pursuant to subsection (a) of section five thousand one hundred three of this article or section five thousand two hundred twenty-one of this chapter has the right to recover the amount paid from the insurer of any other covered person to the extent that such other

  12. Section 65-3.11 - Direct payments

    N.Y. Comp. Codes R. & Regs. tit. 11 § 65-3.11   Cited 135 times
    Providing for assignment

  13. Section 500.13 - Content and form of briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.13

    (a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review