Garfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization Funds

September 5, 2019

 

Garfunkel Wild Wins Summary Judgment for Employer Seeking MLMIC Demutualization Funds

September 5, 2019, Great Neck, NY — Law firm Garfunkel Wild successfully represented Mid-Manhattan Physician Services on its claim to ownership of $473,000 of demutualization funds, based on premiums it paid to MLMIC for malpractice insurance for its former employer Melissa Dworkin, M.D. On September 4, 2019, Judge Debra James (Manhattan Supreme Court) granted summary judgment to Mid-Manhattan Physician Services based in part on language in MLMIC’s plan of conversion that refers to premiums paid.

Garfunkel’s litigation team was led by Len Rosenberg, Garfunkel Wild’s Co-Chair of the Litigation Department, and included Senior Attorney Courtney Rogers.

“This is a significant decision that supports employers’ right to receive MLMIC demutualization funds if they paid the insurance premiums to MLMIC,” said Len Rosenberg. “It adds another ground to the unjust enrichment theory on which most court decisions have been based to date.”

About Garfunkel Wild

Garfunkel Wild serves the diverse legal needs of the health care industry. For nearly 40 years, GW has represented hospitals, health systems, physicians, long term care facilities and many others in the areas of transactions, finance, litigation, information technology, managed care, credentialing, regulatory, employment law, professional licensing, compliance, real estate, bankruptcy, and trusts and estates.

GW has over 85 attorneys and maintains offices in New York, New Jersey and Connecticut. The firm’s healthcare practice and lawyers are ranked in Chambers USA. For more information, visit www.garfunkelwild.com.