Beal-Medea Prods., Inc. v Geico Gen. Ins. Co. 2016 NY Slip Op 50594(U) Appellate Term confirms, post Vivienne Etienne that an assignment is not part of Plaintiff’s prima facia case. Plaintiff moved to have its assignment of benefits admitted into evidence, the lower Court denied and instead
CONTEMPORARY ACUPUNCTURE, P.C., v. ALLSTATE INSURANCE COMPANY, 51 Misc.3d 132 Insurance company must show it timely mailed EUO notices and timely denials as part of its prima facia case with respect to an EUO no show defense. This case is along the same rationale as Progressive Cas. Ins. Co. v.
EAST COAST ACUPUNCTURE, P.C. v. HEREFORD INSURANCE COMPANY, 26 N.Y.S.3d 684 Civil Court, City of New York, Kings County. The insurance carrier alleged that Plaintiff now has an additional requirement in its prima facia case; of proving that a bill complies with the fee schedule as was imposed by
GEICO v. Avanguard, 2016 WL 1247701 The Court of Appeals issued its ruling in this long awaited matter on the question of whether an Office Based Surgery Practice (OBS) can recover a facility fee. Unfortunately for OBS practices, the Court held that the “regulatory framework” does not mandate