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AETNA v. HANOVER INS. CO.

No. 97

27 N.Y.3d 577 (2016)

56 N.E.3d 213

36 N.Y.S.3d 431

2016 NY Slip Op 04658

AETNA HEALTH PLANS, as Assignee of Luz Herrera, Appellant, v. HANOVER INSURANCE COMPANY, Respondent.

Court of Appeals of New York.

Reargued May 4, 2016.

Decided June 14, 2016.

Attorney(s) appearing for the Case

Shayne, Dachs, Sauer & Dachs, LLP, Mineola ( Jonathan A. Dachs of counsel), and Harry I. Katz, P.C., Fresh Meadows, for appellant.

Rivkin Radler, LLP, Uniondale ( Barry I. Levy of counsel), and Crisci, Weiser & McCarthy, New York City ( Erin M. Crowley of counsel), for respondent.

White and Williams LLP, New York City ( Jay Shapiro of counsel), for American Insurance Association, amicus curiae.

Chief Judge DIFIORE and Judges ABDUS-SALAAM, STEIN and GARCIA concur; Judge STEIN in a concurring opinion; Judge FAHEY dissents in an opinion in which Judge RIVERA concurs.

OPINION OF THE COURT

The issue presented in this appeal is whether a health insurer who pays for medical treatment that should have been covered by the insured's no-fault automobile insurance carrier may maintain a reimbursement claim against the no-fault insurer within the framework of the Comprehensive Motor Vehicle Insurance...

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