SULLIVAN v. NORTHWELL HEALTH, INC.

Index No. 656121/18. Appeal No. 13224. Case No. 2019-05582.

207 A.D.3d 407 (2022)

172 N.Y.S.3d 16

2022 NY Slip Op 04525

James D. Sullivan, M.D., et al., Appellants, v. Northwell Health, Inc., Respondent, et al., Defendant.

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

Decided July 12, 2022.


Attorney(s) appearing for the Case

Cohen & Gresser, LLP, New York ( Elizabeth F. Bernhardt of counsel), for appellants.

Foley & Lardner LLP, New York ( Barry G. Felder of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Kennedy, Scarpulla, JJ.


The Court of Appeals has recently held that "when an employer pays premiums to a mutual insurance company to obtain a policy for its employee, and the insurance company demutualizes," "the employee, who is the policyholder, is entitled to the proceeds," "absent contrary terms in the contract of employment, insurance policy, or separate agreement" (Columbia Mem. Hosp. v Hinds, ___ NY3d ___, ___, 2022 NY Slip Op 03306, *2 [2022]). As there is no evidence of contrary...

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