Legal Opinion

Teichman v. Community Hospital of Western Suffolk

Appellate Division of the Supreme Court of the State of New York

Decided October 11, 1994PublishedCited by 8 opinions

1Opinion of the Court

OPINION OF THE COURT

Santucci, J.

On this appeal, we are asked to decide the novel question of whether or not an insurance carrier which has paid out medical benefits on behalf of an insured’s infant child may seek reimbursement for those benefits from the proceeds of an infant’s compromise, where the compromise does not indicate that it includes compensation for medical expenses and where the carrier has not timely intervened in the underlying medical malpractice action. On the facts of this case, we find that the carrier cannot recover the cost of these benefits from the infant’s compromise.

Th…

2Cases cited9 opinions

  1. Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
  2. King v. PelkofskiNew York Court of Appeals · 1967
  3. Silinsky v. State-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 1968
  4. 3105 Grand Corp. v. City of New YorkNew York Court of Appeals · 1942
  5. Scinta v. KazmierczakAppellate Division of the Supreme Court of the State of New York · 1977

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Teichman v. Community Hospital of Western SuffolkNew York Court of Appeals · 1996
  2. Wooten v. StateAppellate Division of the Supreme Court of the State of New York · 2002
  3. James Turnbull and Karen Turnbull v. Usair, Inc.Court of Appeals for the Second Circuit · 1998
  4. US Healthcare, Inc.(New York) v. O'BRIENDistrict Court, S.D. New York · 1994
  5. McCaffrey v. Town of East FishkillAppellate Division of the Supreme Court of the State of New York · 2007

3 more not listed; retrieve them via the Exa API.

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