Progressive Cas. Ins. Co. v. Garcia, 33 N.Y.S.3d 385 Insurer brought a CPLR article 75 to permanently stay arbitration of an uninsured motorist claim. The Appellate Division reversed the lower Court saying Progressive failed to timely commence the action. Specifically, the Court said: “ ‘C
J.K.M. Medical Care, P.C. v. Liberty Mut. Fire Ins. Co., 2016 N.Y. Slip Op. 51071(U) Provider sued to collect unpaid bills. Insurer moved for summary judgment saying that it had won on a declaratory judgment in another county with respect to the underlying claim. However, insurer never pleaded
Throgs Neck Multicare, P.C. v. Mercury Cas. Co., 2016 wl 3748667, 2016 Slip Op. 51081 The insurer in it summary judgment motion attached as proof a record downloaded from the New York State Dept of State with respect to the medical providers corporate status and name of the owner. The Court ruled
Atlantic Chiropractic, P.C. v. Liberty Mut. Fire Ins. Co., 2016 WL 3748486 With respect to the effect of a prior DJ Action where the insurer won on the defense of EUO no shows, the Court stated as follows: The Supreme Court judgment declared that the failure of plaintiff’s assignor to appear for d