In the Matter of American Independent Insurance Co., v. Nova Acupuncture, P.C., WL 1234587 (N.Y.A.D. 2 Dept.), 2016 N.Y. Slip Op. 02357 How many cases have been discontinued throughout the years against American Independent Insurance Co. for lack of jurisdiction? Well, no more, looks like they m
Alleviation Medical Services, P.C. v. Farmers New Century Insurance Co., Slip Copy, 2016 WL 1189935 (Table), 2016 N.Y. Slip Op. 50379(U). Although insurer proved timely mailing, the Court nevertheless ruled that it could not use the No Show defense: However, with respect to the first cause of act
Great Health Care Chiropractic, P.C. v. Unitrin Direct Insurance Company, Slip Copy, 2016 WL 1188554 (Table), 2016 N.Y. Slip Op. 50373(U). Another defective affidavit case. Defendant moved for summary judgment dismissing the complaint and plaintiff cross-moved for summary judgment. Civil Court g
Alleviation Medical Services, P.C. v. Hertz Co., Slip Copy, 2016 WL 1200423 (Table), 2016 N.Y. Slip Op. 50399(U). Plaintiff appeals from an order of the Civil Court which denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the com
Meridian Psychological Services, P.C., v. Allstate Insurance Company, Slip Copy, 2016 WL 1188893 (Table), 2016 N.Y. Slip Op. 50375(U). Injured party failed to appear for the EUOs. Following the trial, the Civil Court found that defendant had failed to establish that the EUO scheduling letters had
Alleviation Medical Services, P.C. v. Hertz Co., Slip Copy, 2016 WL 1188543 (Table), 2016 N.Y. Slip Op. 50371(U) Carrier tried to use partner in in the law firm representing the carrier to prove that Plaintiff failed to appear. The Court said: Contrary to defendant’s contention, the affirmatio
GL Acupuncture, P.C. v. Ameriprise Auto & Home, Slip Copy, 2016 WL 1189703 (Table), 2016 N.Y. Slip Op. 50377(U) In this action by provider, defendant moved for summary judgment dismissing the complaint on the ground that defendant timely and properly denied the claims at issue based on plaint
Actual Chiropractic, P.C. V. Central Insurance Company, Slip Copy, 2016 WL 1199859 (Table), 2016 N.Y. Slip Op. 50397(U) Defendant insurer moved to dismiss the complaint on the ground that it had timely and properly denied the claim at issue based upon the injured assignor’s failure to appear for
Vladenn Medical Supply Corp. v. Travelers Insurance Company, Slip Copy, 2016 WL 1190368 (Table), 2016 N.Y. Slip Op. 50381(U). An affidavit that the verification was mailed is sufficient to create a triable issue of fact that the verification was provided. The Court said: In support of its cro
High Definition MRI, P.C. v Travelers Cos., Inc., 2016 NY Slip Op 02027. This was an action commenced for non payment of NF pip benefits. http://www.nycourts.gov/reporter/3dseries/2016/2016_02027.htm Defendant carrier made a motion to dismiss which the trial Court granted. Appellate Division re