New York Court of Appeals
Mario Feliberty v. Mason D. Damon, and Medical Malpractice Insurance Association
July 6, 198872 N.Y.2d 112
Summary
The New York Court of Appeals affirmed the dismissal of the plaintiff's claims, holding that the insurer had an unconditioned contractual right to settle the malpractice suit without the physician's consent and that the insurer was not vicariously liable for the alleged malpractice of the independent counsel it retained.