Zelenko v. Fidelis Care New York Index No. 708665/2016, March 8, 2017

Brought action on behalf of our physician client against a large government based health insurance plan after it withheld incentive payments intended to reward practitioner for exceptional medical care. The Court’s decision was listed as a “Decision of Interest” in the New York Law Journal and upheld the principle that the implied duty of good faith and fair dealing does not permit the withholding payments already earned on the basis of an audit letter.