Author: Leon Kucherovsky

Author Archives: Leon Kucherovsky

MVAIC AND PROPER FILING

Karina K. Acupuncture PC v. MVAIC, Slip Copy, 55 Misc.3d 138(A), 2017 WL 1438485 (Table), 2017 N.Y. Slip Op. 50537(U) Defendant MVAIC demonstrated entitlement to summary judgment dismissing this action for first-party no-fault benefits, having established that plaintiff’s assignor failed to comp

POLICY EXHAUSTION – PRIORITY

Was there money available at the time the claim was complete? ORTHO PASSIVE MOTION, INC., v. ALLSTATE INSURANCE CO., 55 Misc.3d 152(A) Following a nonjury trial in this action by a provider to recover assigned first-party no-fault benefits, the Civil Court awarded plaintiff a judgment in the princ

EUO NO SHOW – OBJECTION NEVER MAILED

First Class Medical, P.C. v. State Farm Mutual Automobile Ins. Co., Slip Copy, 55 Misc.3d 141(A), 2017 WL 1822145 (Table), 2017 N.Y. Slip Op. 50593(U) Defendant moved for summary judgment dismissing the complaint on the ground that plaintiff’s assignor had failed to appear for duly scheduled exa

IME NO SHOWS – MUTUAL RESCHEDULING

Mutual rescheduling is not a no show Progressive Health Chiropractic, P.C. v. American Transit Insurance Company, Slip Copy, 55 Misc.3d 142(A), 2017 WL 1822420 (Table), 2017 N.Y. Slip Op. 50603(U)   With respect to plaintiff’s claim for $1,310.94, the affidavits defendant submitted in suppor

OBJECTIONS TO VERIFICATION REQUESTS

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