St. Vincent's Hospital & Medical Center v. Insurance Co. of North America

OPINION OF THE COURT

David B. Saxe, J.

This is an action brought by St. Vincent’s Hospital and Medical Center of New York, seeking declaratory and injunctive relief, damages and costs and attorneys’ fees from the defendant Insurance Company of North America (INA) from whom St. Vincent’s obtained its excess medical malpractice insurance.

The issue raised on this motion and cross motion for summary judgment is whether INA is liable for coverage under the relevant excess insurance policy to St. Vincent’s for the settlement of malpractice cases where the settlement amount did not exceed the $200,000…