HALLORAN v. DON'S 47 W. 44TH ST. REST. CORP.


255 A.D.2d 206 (1998)

680 N.Y.S.2d 227

Karen R. Halloran, Plaintiff, and Principal Mutual Life Insurance Company, Intervenor-Appellant, v. Don's 47 West 44th Street Restaurant Corp., Respondent, et al., Defendants

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

November 17, 1998


The motion of Principal Mutual Life Insurance Company, plaintiff's health insurance carrier, to intervene so as to protect its right to reimbursement for insurance payments made to plaintiff, was premature because, by the terms of its policy insuring plaintiff, appellant insurer has no right to reimbursement until plaintiff actually recovers compensation for medical services already paid for by appellant, and, as of the time of appellant's request for intervention, no such...

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