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
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