IMA Acupuncture, P.C. v Hertz Co., 2016 NY Slip Op 50258(U)(App. Term 2d Dept. 2016) http://www.nycourts.gov/reporter/3dseries/2016/2016_50258.htm In this case, the Court took judicial notice of court filings/records and accepted the argument of res judicata from the defendant insurer. Specifical
AutoOne Ins./General Assur. v. Eastern Island Medical Care, P.C., 24 N.Y.S.3d 730 Insurer brought a DJ action against a medical provider alleging that it was not obligated to pay claims for services submitted by the provider since the services were not medically necessary. Although the insurer esta
Great Health Care Chiropractic, P.C. a/a/o Roseline Amusu Garcia v. Infinity Group, 2016 N.Y. Slip Op. 50257 Another in a line of recent cases involving out of state policy cancellations. Pennsylvania carrier cancelled its policy for non-payment of premiums. Civil Court denied defendant’s motion
Compas Medical, P.C. v. Fiduciary Insurance Company of America, 2016 WL 831048 Defendant carrier cross-moved for summary judgment, arguing plaintiff’s did not comply with 11 NYCRR 65–1.1, which states that written notice of an accident must be “given” to the insurer “as soon as reasonably
In New Millennium Medical Imaging a/a/o Nicholas Toc v. American Transit Ins. Co., 2016 N.Y. Slip Op. 50259, provider commenced an action in Civil Court to collect on the unpaid bills. In the interim, the insurer filed a DJ Action based on IME No Show. Insurer obtained a default judgment and sou
Bertucci v. 21st Century Insurance, 602913/15, NYLJ 1202751140023 The insured/injured, was a Pennsylvania resident who got into an accident in Suffolk County New York sued the carrier, bypassing the provider/assignment process, for disclaiming coverage and subsequent payment of his medical bills thr
In Arnica Acupuncture PC v Interboard Ins. Co., 2016 NY Slip Op 01434, Appellate Division states that a medical provider, had to have examined the patient and had to have specifically rebutted findings of defendant’s medical expert to form the basis of an affidavit that would raise a triable iss