Blue Cross of Western New York, Inc. v. Board of Cooperative Educational Services

Order unanimously affirmed without costs. Memorandum: Plaintiff commenced this action to recover fees allegedly owed by defendant under major medical, hospitalization and prescription drug insurance programs. Plaintiff asserts that the fees are owed pursuant to a Retrospective (experience) Rate rider, although the parties have been unable to produce an executed copy of the rider. Defendant moved for summary judgment on the grounds that the causes of action were time-barred and section 3204 (a) of the Insurance Law rendered the rider unenforceable. The IAS Court denied defendant’s motion and,…