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FRONTIER INS. CO. v. STATE

87 N.Y.2d 864 (1995)

662 N.E.2d 251

638 N.Y.S.2d 933

Frontier Insurance Company, as Subrogee of Thomas Scalea, Appellant-Respondent, v. State of New York, Respondent-Appellant. (And Another Related Claim.)

Court of Appeals of the State of New York.

Decided December 21, 1995.

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle, L. L. P., Rochester (William S. Brandt and Sarah D. Beisheim of counsel), and DuBois, Billig, Loughlin, Conaty & Weisman, Rock Hill (Jacob R. Billig of counsel), for appellant-respondent.

Dennis C. Vacco, Attorney-General, Albany (Peter H. Schiff, Victoria A. Graffeo, and Michael S. Buskus of counsel), and Sedgwick, Detert, Moran & Arnold, New York City (Joseph K. Powers, Jeffrey M. Winn and M. Faith Martin of counsel), for respondent-appellant.

Mantell & Haskel, New York City (Michael A. Haskel of counsel), for Academic Health Professionals Insurance Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, and the certified question answered in the negative.

Claimant Frontier Insurance Company is an insurer of two physicians employed by the State as assistant professors at medical schools of the State University of New York. In unrelated cases, each doctor was served with a complaint alleging medical malpractice in the performance of...

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