New York Court of Appeals
The Matter of Jun Wang v. Letitia James
December 14, 2023
Summary
The Court of Appeals affirmed the denial of Dr. Jun Wang’s request for state defense and indemnification in a medical malpractice action arising from pathology services provided to an incarcerated patient. It held that whether the services were provided “at the request of” the correctional department presents a pure statutory interpretation question, so the Attorney General’s interpretation was not entitled to deference. Under the plain statutory language, coverage requires an express request or formal arrangement with the particular provider, which was absent here.