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
Here is a case having to do with vacating a Default judgment. The Court also made mention of the WC defense and that its not a precludable defense: Daily Medical Equipment Distribution Center, Inc. v. State Farm Mutual Ins. Comp., 050419/15, NYLJ 1202788299389, at *1 (Civ., KI, Decided May
American Transit Insurance Company v. Gerbert Baucage et al., and Innovative Medical Heights, P.C., 146 A.D.3d 413, Carrier served medical provider with a DJ action it commenced against it. Often carriers serve only the provider without copying the attorney, even though they know that the medical
Infinity Chiropractic Health, P.C. v Republic W. Ins. Co., 2016 NY Slip Op 51564(U) [53 Misc 3d 144(A)] Plaintiff commenced an to recover assigned first-party no-fault benefits. Shortly before plaintiff started its action, defendant commenced a declaratory judgment action in the Supreme Co
In Liberty Mutual Ins. Co v. Branch Med., P.C., 2016 NY Slip Op 31706(U), http://www.leagle.com/decision/In%20NYCO%2020160916409/LIBERTY%20MUT.%20INS.%20CO.%20v.%20BRANCH%20MED.,%20P.C. Defendants are licensed physicians sued by the insurer based on Mallela allegations stemming from their alleged
Metro Health Products, Inc. v. Nationwide Ins, 2014-2609KC, NYLJ 1202765281225 Provider sued to collect on its No Fault bills. Nationwide commenced a DJ Action in Supreme Court on the basis that Provider failed to appear for EUO’s. Provider never answered and d default judgment was granted
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
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
State Farm Mut. Auto. Ins. Co. v Knish Hacking Corp., 2016 NY Slip Op 50996(U) This case is about the old law office failure explanation used commonly by lawyers when they fail to answer. Here, due to the length of time counsel (or somebody) waited, the court was not amused: To open its default
ALFA Med. Supplies, Inc. v Allstate Ins. Co. 2016 NY Slip Op 50942(U) http://www.courts.state.ny.us/reporter/3dseries/2016/2016_50942.htm Defendant-insurer failed to offer a reasonable excuse to adequately explain its two-year delay in answering the complaint in this action seeking to recover firs