Author Archives: Leon Kucherovsky
Utica Acupuncture P.C. v. Amica Mutual Ins. Co., Slip Copy, 55 Misc.3d 126(A), 2017 WL 1053289 (Table), 2017 N.Y. Slip Op. 50331(U) Insurer’s (doctor’s) affidavit in support of a no show defense must be sufficient and be based upon personal knowledge, describe a procedure and be able
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
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
Empire State Medical Supplies, Inc., v. Sentry Insurance, Slip Copy, 55 Misc.3d 130(A), 2017 WL 1224977 (Table), 2017 N.Y. Slip Op. 50403(U) In support of its cross motion, defendant submitted the affidavit of its senior claims examiner which failed to establish that defendant had timely denied pla
Alleviation Medical Services, P.C., v. Allstate Insurance Company, 49 N.Y.S.3d 814, 2017 N.Y. Slip Op. 27097 Defendant denied plaintiff’s claim on May 10, 2011 on the ground of lack of medical necessity. In May 2014, Defendant moved for summary judgment dismissing the complaint on the ground
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
ACUPUNCTURE HEALTHCARE PLAZA I, P.C., v. METLIFE AUTO & HOME, NYLJ 2/28/17, 2017 NY Slip Op 50207(U) At the start of a nonjury the parties stipulated that plaintiff had established its prima facie case and that defendant had timely denied the claims at issue. The parties agreed that the only
Kemper Independence Insurance Company v. Adelaida Physical Therapy, P.C., et al., Avalon Radiology, P.C., et al., 2017 N.Y. Slip Op. 00916 Provider appealed from a ruling granting carrier’s motion for summary judgment and declaring that plaintiff is not obligated to provide no-fault benefits
American Transit Insurance Company v. Gerbert Baucage et al., and Innovative Medical Heights, P.C., 146 A.D.3d 413, Carrier served medical provider with a DJ action it commenced against it. Often carriers serve only the provider without copying the attorney, even though they know that the medical
Easy Care Acupuncture, P.C. v. ELRAC, Inc., Slip Copy, 54 Misc.3d 144(A), 2017 WL 706587 (Table), 2017 N.Y. Slip Op. 50234(U) Plaintiff-provider established prima facie that its no-fault claims in the amount of $2,958.13 were overdue, since they were not “denied or paid” within the prescribed 3