CORDARO v. ADVANTAGECARE PHYSICIANS, P.C.

Index No. 656390/18. Appeal No. 16252. Case Nos. 2021-00453, 2021-00465.

208 A.D.3d 1090 (2022)

176 N.Y.S.3d 1

2022 NY Slip Op 05267

Mario N. Cordaro, D.O., et al., Appellants, v. AdvantageCare Physicians, P.C., Respondent.

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

Decided September 27, 2022.


Attorney(s) appearing for the Case

Nolan Heller Kauffman LLP, Albany ( Justin A. Heller of counsel), for appellants.

Debevoise & Plimpton LLP, New York ( Jared I. Kagan of counsel), for respondent.

Concur—Webber, J.P., Kern, Singh, Moulton, Shulman, JJ.


Plaintiffs are physicians whose former malpractice insurer was nonparty Medical Liability Mutual Insurance Company (MLMIC). All plaintiffs signed forms designating their employer at the time as their policy administrator. Each form stated that "[t]he Policy Administrator is the agent of all Insureds herein for the paying of Premium[s], requesting changes in the policy, including cancellation thereof[,] and for receiving dividends and any return Premiums when due." In late...

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