Dutta v. State Farm Insurance

CATHELL, Judge.

In March of 1997, petitioner, Dr. Sisir K. Dutta, had at least two insurance policies — one was an automobile policy with respondent, State Farm Mutual Automobile Insurance Company (State Farm), and the other was a health insurance policy with an HMO, NYLCare. After being involved in an automobile accident on March 27, 1997, petitioner received medical treatment, which was initially paid for by NYLCare. Petitioner filed a claim against the third party driver’s liability insurer. Upon receiving a settlement check for this claim, petitioner reimbursed NYLCare pursuant to the…