SCHULMAN v. GROUP HEALTH INCORPORATED


39 A.D.3d 223 (2007)

833 N.Y.S.2d 62

STEVEN A. SCHULMAN, Respondent, v. GROUP HEALTH INCORPORATED, Appellant.

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

Decided April 3, 2007.


This action against a health insurer to recover medical expenses requires an interpretation of apparently conflicting provisions of a nine-year-old legislative enactment (L 1998, ch 586).

Insurance Law § 4914 (b) (4) (A) (iv) provides that the determination of an external appeal agent shall "be binding on the plan and the insured," while clause (v) provides that the external review agent's determination shall "be admissible in any court proceeding." Statutory...

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