Utica Acupuncture P.C. v. Amica Mutual Ins. Co., Slip Copy, 55 Misc.3d 126(A), 2017 WL 1053289 (Table), 2017 N.Y. Slip Op. 50331(U) Insurer’s (doctor’s) affidavit in support of a no show defense must be sufficient and be based upon personal knowledge, describe a procedure and be able
Excel Surgery Center, L.L.C., v. Fiduciary Insurance Company of America, Slip Copy, 2017 WL 1238128 (Table), 2017 N.Y. Slip Op. 50408(U) Defendant moved for summary judgment dismissing the complaint on the ground that the action was premature. Defendant timely mailed its verification request and fo
ANDREW CAROTHERS, M.D., P.C., v. PROGRESSIVE INSURANCE COMPANY, 2017 WL 1240262 Carothers, a radiologist, formed Andrew Carothers, M .D., P.C., to perform MRI scans at three existing MRI facilities in Brooklyn, Queens, and the Bronx. In sum, the carrier alleged “doc in the box”. Th
Empire State Medical Supplies, Inc., v. Sentry Insurance, Slip Copy, 55 Misc.3d 130(A), 2017 WL 1224977 (Table), 2017 N.Y. Slip Op. 50403(U) In support of its cross motion, defendant submitted the affidavit of its senior claims examiner which failed to establish that defendant had timely denied pla
Alleviation Medical Services, P.C., v. Allstate Insurance Company, 49 N.Y.S.3d 814, 2017 N.Y. Slip Op. 27097 Defendant denied plaintiff’s claim on May 10, 2011 on the ground of lack of medical necessity. In May 2014, Defendant moved for summary judgment dismissing the complaint on the ground