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HANYS SERVS. v. EMPIRE

292 A.D.2d 61 (2002)

737 N.Y.S.2d 140

HANYS SERVICES, INC., et al., Appellants, v. EMPIRE BLUE CROSS & BLUE SHIELD et al., Respondents.

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

January 31, 2002.

Attorney(s) appearing for the Case

Iseman, Cunningham, Riester & Hyde LLP, Albany (Michael J. Cunningham of counsel), for HANYS Insurance Company Inc. and others, appellants.

Le Boeuf, Lamb, Greene & MacRae, Albany (Robert Alessi of counsel), for Medical Liability Mutual Insurance Company, appellant.

Rivkin, Radler & Kremer, Uniondale (Evan Krinick of counsel), for Physicians Reciprocal Insurers, appellant.

Haskel & Cooper, Garden City (Adrienne Cooper of counsel), for Academic Health Professions Insurance Association, appellant.

Blagrave House, Reading Berkshire (Marvin L. Tepper of counsel), for Frontier Insurance Company, appellant.

Saretsky, Katz, Dranoff & Glass, New York City (Barry G. Saretsky of counsel), for FFH Insurance Corporation and another, appellants.

Hinman, Straub, Pigors & Manning PC, Albany (Kimberly C. Lawrence of counsel), and Gibson, Dunn & Crutcher LLP, New York City (Randy M. Mastro of counsel), for respondents.

CARDONA, P.J., MUGGLIN, ROSE and LAHTINEN, JJ., concur.

OPINION OF THE COURT

PETERS, J.

Pursuant to the Medical Malpractice Reform Act (see, L 1985, ch 294; L 1986, ch 266 [hereinafter the Act]), an excess malpractice insurance program (hereinafter the program) was created to, inter alia, procure excess malpractice insurance for physicians and dentists practicing in this state. As part of the program, a Hospital Excess Liability Pool (hereinafter the Pool) was established, designated to receive premiums...

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