In Aetna Health Inc. v. Hishmeh (40 Misc 3d 1230[A], 975 NYS2d 707, 2013 NY Slip Op 51353[U] [Sup Ct, NY County 2013]) Justice Melvin Schweitzer held that a health insurer had failed to state a cause of action against a medical billing company for tortious interference with contract. There, the insurer claimed that defendant had balance billed the insured in order to collect unlawful excessive and unenforceable charges, inflicting emotional distress on insureds, and interfering with the insured's relationship with plan members and sponsors. The claim failed because the insurer failed to allege that any of its members breached the contract with the insured and, without such a breach, there could be no tortious interference with an existing contract.