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
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.
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
Metropolitan Diagnostic Medical Care, P.C. v. Erie Insurance Company of New York, 2016 NY Slip Op 51815(U) At a nonjury trial, the sole issue was the medical necessity of the MRIs of plaintiff’s assignor’s cervical and thoracic spines. The only witness was defendant’s doctor, a b
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
New Horizon Surgical Center, L.L.C., v. Allstate Insurance Company, Slip Copy, 2016 WL 4021130 (Table), 2016 N.Y. Slip Op. 51124(U) New Jersey facility sued to recover a facility fee for MUA. The procedure performed at plaintiff’s facility. Denial was timely and based on lack of medical nec
Liberty Mutual Insurance Company v. Raia Medical Health, P.C., et al., 2016 N.Y. Slip. Op. 04916 Here is a case that is perplexing to say the least. Joseph Raia is purportedly a licensed Physiatrist and the owner of Raia Medical Health, P.C., a licensed MRI facility. Liberty Mutual filed a DJ a