Author Archives: Leon Kucherovsky
Irina Acupuncture, P.C., v. Nationwide Affinity Insurance Company, 57 Misc.3d 146 Insurer must demand an EUO of the provider withing 30 days of receipt of the bills/claim. Civil Court properly granted the branches of plaintiff’s motion seeking summary judgment on the first two causes of ac
American Chiropractic Care, P.C. v. Geico, 57 Misc3d 529 (2017) The relevant dicta is as follows: In an action for no-fault benefits, defendant insurer was obligated to demonstrate a good faith basis for the examination under oath (EUO) of plaintiff medical provider in response to plaintiff’s time
SHUR, M.D. v. UNITRIN ADVANTAGE INSURANCE COMPANY, 56 Misc.3d 136(A) Peer and IME doctors will now have to examine the the operative and MRI reports when they deny surgeries. The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law
American Chiropractic Care, P.C. v. Geico , 2017 NY Slip Op 27272. The case can be found here: http://nycourts.gov/reporter/3dseries/2017/2017_27272.htm Although a civil court case, this case has some good dicta with respect to provider EUO’s and the duty on the part of the carrier to su
PIERRE J. RENELIQUE MD, P.C. v. TRAVELERS INSURANCE COMPANY, 033085/2014, Kings County Civil Court When an issue involves EUOs, a defendant must prove that its EUO requests were timely mailed and that a plaintiff’s assignor failed to appear for same (see Crescent Radiology, PLLC v. American Tran
RIGHT AID MEDICAL SUPPLY, CORP. v. STATE FARM MUTUAL AUTO. INS. CO., 53 N.Y.S.3d 523 The sole issue at trial was whether the verification requests were outstanding. There were no witnesses called by either party. The court left the record open solely to address the legal issue of which party b
State Farm Mutual Automobile Insurance Company v. RLC Medical, P.C., et al., 2017 N.Y. Slip Op. 03979 Insurance company commenced a DJ action against, among others, the defendant estate seeking a judgment declaring that the plaintiff has no obligation to pay no–fault claims for medical
Jules Francois Parisien, M.D. v. Citiwide Auto Leasing, Appellant, 55 Misc.3d 146(A), 2017 WL 2293973 (Table), 2017 N.Y. Slip Op. 50684(U) In this action by a provider to recover assigned first-party no–fault benefits, defendant moved for summary judgment dismissing the complaint on the gro
Hu-Nam-Nam, M.D., v. Allstate Insurance Company, 55 Misc.3d 146(A), 2017 WL 2293978 (Table), 2017 N.Y. Slip Op. 50685(U) Plaintiff commenced an action to recover assigned first-party no–fault benefits as a result of an accident which had occurred on June 20, 2010. Defendant did not answer
Did the Court leave the door open to the possibility that Malella may be precludable? In re COUNTRY–WIDE INS. CO., v. VALDAN ACUPUNCTURE, P.C., 150 A.D.3d 560 Assuming without deciding that an insurer’s defense of fraudulent incorporation cannot be precluded (see AVA Acupuncture, P.C. v.