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
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