Author Archives: Leon Kucherovsky
Village Medical Supply, Inc., v. Travelers Property Casualty Company of America, Slip Copy, 2016 WL 1092083 (Table), 2016 N.Y. Slip Op. 50339(U). Defendant attempted to use a recorded statement and an affidavit of the doctors to prove a no show at an IME. The Court dicta is very good: The affid
Compas Medical, P.C. v. New York Central Mutual Fire Insurance Company, Slip Copy, 2016 WL 1064481 (Table), 2016 N.Y. Slip Op. 50307(U). One of the issues in this case was IME no shows. The Court stated as follows: Plaintiff cross-moved for summary judgment. By order entered July 31, 2012, ins
BAB Nuclear Radiology, P.C. v. Mercury Casualty Company, Slip Copy, 2016 WL 1064632 (Table), 2016 N.Y. Slip Op. 50318(U). Here, the affidavit of the billing supervisor was sufficient to overcome a denial by the defendant that Plaintiff failed to submit the bill within 45 days of the dates the se
Gl Acupuncture, P.C. v Maya Assur. Co., 2016 NY Slip Op 50310(U), http://www.nycourts.gov/reporter/3dseries/2016/2016_50310.htm. Another case where the insurer fails to prove mailing of the IME notices. The Court said: Plaintiff correctly argues on appeal that the affidavit submitted by defendan
Atlantic Radiology, P.C. v Maya Assur. Co, .2016 NY Slip Op 50316(U), http://www.nycourts.gov/reporter/3dseries/2016/2016_50316.htm. Here is one that begs the question of; who reviewed this before it went out? Contrary to defendant’s contention, the affidavit of defendant’s claims ad
Bay LS Med. Supplies, Inc. v Allstate Ins. Co., 2016 NY Slip Op 50319(U) http://www.nycourts.gov/reporter/3dseries/2016/2016_50319.htm. This case again re-confirms demands/requests for EUO’s must be timely objected to at the verification stage. The Court said: Defendant established that
Great Health Care Chiropractic, P.C. v Maya Assur. Co., 2016 NY Slip Op 50308(U)(App. Term 2d Dept 2016). Insurer failed to establish mailing procedure for IME notices. The Court said: Plaintiff correctly argues on appeal that the affidavit submitted by defendant in support of its motion did no
Acuhealth Acupuncture, P.C. v New York City Tr. Auth., 2016 NY Slip Op 50297(U)(Sup Ct. Kings Co. 2016). This case just goes to show how tough it is to vacate a Master Arbitrator’s award. The Second Department has on numerous occasions “washed its hands” of reviewing a arbitra
IMA Acupuncture, P.C. v Hertz Co., 2016 NY Slip Op 50258(U)(App. Term 2d Dept. 2016) http://www.nycourts.gov/reporter/3dseries/2016/2016_50258.htm In this case, the Court took judicial notice of court filings/records and accepted the argument of res judicata from the defendant insurer. Specifical
AutoOne Ins./General Assur. v. Eastern Island Medical Care, P.C., 24 N.Y.S.3d 730 Insurer brought a DJ action against a medical provider alleging that it was not obligated to pay claims for services submitted by the provider since the services were not medically necessary. Although the insurer esta