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OVERSEA CHINESE MISSION v. WELL-COME HOLDINGS, INC.

113480/04, 2564N, 2563.

145 A.D.3d 634 (2016)

2016 NY Slip Op 08947

42 N.Y.S.3d 818

OVERSEA CHINESE MISSION, Appellant, v. WELL-COME HOLDINGS, INC., et al., Respondents. OVERSEA CHINESE MISSION, Respondent, and GUIDE ONE INSURANCE COMPANY, Nonparty Intervenor-Respondent, v. WELL-COME HOLDINGS, INC., et al., Appellants, et al., Defendant.

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

Decided December 29, 2016.

OCM's contentions on its appeal are unavailing. The record on appeal is clear that no agreement to prosecute the action on behalf of the insured (OCM) and the insurer (Guide One) was ever produced in discovery; thus, OCM's reliance on CPLR 1004 is unavailing. Nor was any prejudice suffered due to the court's grant of a collateral source hearing pursuant to CPLR 4545, as the parties stipulated that OCM was entitled to out-of-pocket...

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