Opinion
November 17, 1998
Appeal from the Supreme Court, New York County (Salvador Collazo, J.).
The motion of Principal Mutual Life Insurance Company, plaintiff's health insurance carrier, to intervene so as to protect its right to reimbursement for insurance payments made to plaintiff, was premature because, by the terms of its policy insuring plaintiff, appellant insurer has no right to reimbursement until plaintiff actually recovers compensation for medical services already paid for by appellant, and, as of the time of appellant's request for intervention, no such recovery had been made by plaintiff ( see, Humbach v. Goldstein, 229 A.D.2d 64, 68, lv dismissed 91 N.Y.2d 921). Appellant's intervention in this action at this time would also be inappropriate since it would likely have the consequence of placing its interests in impermissible conflict with those of its insured ( see, Berry v. St. Peter's Hosp., 250 A.D.2d 63, 68-69; Humbach v. Goldstein, 229 A.D.2d, supra, at 67).
Concur — Nardelli, J. P., Rubin, Tom and Andrias, JJ.