Legal Question in Medical Malpractice in New York

It means that the defense attorney is trying to get permission from the insurance company either to make a settlement offer or to spend money to have the case thrown out of court. Most likely, they are trying to settle the case. When you say "go to court" do you mean "file" or "trial?" If you haven't filed then the defense attorney is looking for a number to offer; if you're waiting for a trial date, then they are just as likely getting a budget for a summary judgment motion.