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LYONS v. MEDICAL MALPRACTICE INSURANCE ASSOCIATION

286 A.D.2d 711 (2001)

730 N.Y.S.2d 345

ALEXANDER LYONS, an Infant, by His Father and Natural Guardian, DAVID LYONS, et al., Appellants, v. MEDICAL MALPRACTICE INSURANCE ASSOCIATION, Respondent, et al., Defendants.

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

Decided September 17, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as asserted against the defendant Medical Malpractice Insurance Association.

In 1987 the plaintiffs, an infant and his father, settled a medical malpractice action against an insured of the respondent, Medical Malpractice Insurance Association (hereinafter MMIA). The structured settlement package included, inter alia, an annuity providing...

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