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
ALLSTATE INSURANCE COMPANY v. HEALTH EAST AMBULATORY SURGICAL CENTER, 2017 WL 1526519 On January 31, 2014, Bujar Kaziu the assignor, was in an automobile accident.  On June 6, 2014, insurer requested additional verification in the form of an independent medical examination (â
St. Barnabas Hospital, a/a/o DAWN HENRY v. Government Employees Insurance Company, 47 N.Y.S.3d 865, 2017 N.Y. Slip Op. 27056 At issue is whether the insurer timely and properly requested additional verification from the Plaintiff hospital upon its receipt of proof of the claim which effectiv
Excel Surgery Center, L.L.C., v. Fiduciary Insurance Company of America, Slip Copy, 2017 WL 1238128 (Table), 2017 N.Y. Slip Op. 50408(U) Defendant moved for summary judgment dismissing the complaint on the ground that the action was premature. Defendant timely mailed its verification request and fo
Advantage Radiology, P.C. v Nationwide Mut. Ins. Co., 2017 NY Slip Op 27061 Plaintiff appeals from an order of the District Court which granted defendant’s motion for summary judgment dismissing the complaint on the ground that plaintiff had failed to provide requested verification.  Basical
Bronx Acupuncture Therapy, P.C., v. Hereford Ins. Co., Slip Copy, 2017 WL 416732 (Table), 2017 N.Y. Slip Op. 50101(U) Provider billed for 97039 and 99199 of the workers’ compensation fee schedules.  Plaintiff submitted three claim forms to defendant which included charges for moxibustion, under
Allstate Insurance Co. v. Longevity Medical Supply, Inc., 2272/16 (Civ. Ct. NY Co. 2016) The initial bill was mailed to an address not associated with submission of bills for Allstate Insurance Company. Â Allstate argued that it was sent to the wrong address for No-Fault correspondence. Provider los
SURE WAY NY, Inc. v. TRAVELERS INSURANCE COMPANY 2016 WL 7233969 The issue in this case was whether a no fault insurer must request EUO’s of all conceivable entities within 15 calendar days of receipt of a written notice of claim, in accordance with 11 NYCRR 65–3.5(b), or whether its 15 da
Here is one with potential wide ranging implications.  In Compas Medical, P.C., v. Travelers Insurance Company, 2016 N.Y. Slip Op. 51441(U), Plaintiff complied partially with the insurer’s verification request.  The Court said as follows: Contrary to plaintiff’s contention, defen
Island Life Chiropractic, P.C., v. Travelers Insurance Company, 2016 N.Y. Slip Op. 51413(U) An affidavit by Plaintiff saying it had submitted the requested verification was sufficient to raise a triable issue of fact that it had complied with the requested verification and thereby was enough to d