Legal Opinion

Medical Malpractice Insurance v. Cuomo

New York Court of Appeals

Decided May 2, 1989PublishedCited by 58 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, the preliminary injunction vacated, defendants’ motion for summary judgment granted, and sections 11 and 40 of chapter 266 of the Laws of 1986 declared constitutional. The certified question should be answered in the negative.

We have recently determined that the Legislature may require the Medical Malpractice Insurance Association (MMIA) to operate at a loss on a temporary or even continual basis in order to promote affordable medical malpractice coverage (Matter of Medical Malpractice Ins.…

2Cases cited1 opinion

  1. Medical Malpractice Insurance Ass'n v. Superintendent of InsuranceNew York Court of Appeals · 1988

3Cited by58 opinions

  1. Travelers Insurance v. Volmar Construction Co.Appellate Division of the Supreme Court of the State of New York · 2002
  2. American Home Assurance Company v. Republic Insurance Company and United National Insurance CompanyCourt of Appeals for the Second Circuit · 1993
  3. Paramount Insurance v. Rosedale Gardens, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Avondale Industries, Inc. v. Travelers Indemnity Co.District Court, S.D. New York · 1991
  5. People v. WeeksAppellate Division of the Supreme Court of the State of New York · 2005

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