Legal Opinion
Teichman v. Community Hospital of Western Suffolk
New York Court of Appeals
Decided February 15, 1996PublishedCited by 103 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
This medical malpractice action on behalf of an infant severely injured during birth was settled before trial between plaintiffs and defendant hospital and doctors, with no mention in the infant’s compromise that it included any compensation for medical expenses. At issue is the claim of plaintiffs’ insurer to recoup, out of the settlement proceeds, medical expenses it paid and will yet pay on behalf of its insured. The trial court allowed intervention for that purpose, the Appellate Division reversed. We conclude that, while the insurer had no lien on the…
2Cases cited14 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- Ocean Accident & Guarantee Corp. v. Hooker Electrochemical Co.New York Court of Appeals · 1925
- Winkelmann v. Excelsior InsuranceNew York Court of Appeals · 1995
9 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- White v. Continental Casualty Co.New York Court of Appeals · 2007
- Roundabout Theatre Co. v. Continental Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2002
- Wurtz v. Rawlings Co.Court of Appeals for the Second Circuit · 2014
- Riverside South Planning Corp. v. CRP/Extell RiversideAppellate Division of the Supreme Court of the State of New York · 2008
98 more not listed; retrieve them via the Exa API.