BORDEN v. BLUE CROSS AND BLUE SHIELD OF WESTERN NY

No. 05-CV-251S.

418 F.Supp.2d 266 (2006)

Richard P. BORDEN, Plaintiff, v. BLUE CROSS AND BLUE SHIELD OF WESTERN NEW YORK, also known as, Healthnow N.Y., Inc., et al., Defendants.

United States District Court, W.D. New York.

February 22, 2006.


Attorney(s) appearing for the Case

Richard P. Valentine, Buffalo, New York, for Plaintiff.

Frank Balon, Michael P. McClaren, Webster & Szanyi LLP, Buffalo, New York, for Defendants.


DECISION AND ORDER

SKRETNY, District Judge.

I. INTRODUCTION

In this case, Plaintiff Richard P. Borden alleges that his health insurance provider, Defendant Blue Cross and Blue Shield of Western New York, also known as Health-Now, N.Y., Inc. ("HealthNow"), wrongfully refuses to waive its right of subrogation with respect to payments it made for his medical care after he was injured in a motorcycle accident. As a result, Plaintiff contends that he...

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