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MED. LIAB. MUT. INS. CO. v. SCHURIG

211 A.D.2d 518 (1995)

621 N.Y.S.2d 564

Medical Liability Mutual Insurance Company, Appellant, v. Marilyn Schurig, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

January 19, 1995

The same public policy considerations that prohibit an insurer from subrogating against its own insured for a claim arising from the very risk for which the insured was covered (see, North Star Reins. Corp. v Continental Ins. Co., 82 N.Y.2d 281, 294-295) necessitate a dismissal of this action, wherein plaintiff insurer seeks to subrogate against its insured's employee, a nurse, in order to recoup what it paid out in settlement...

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