Author Archives: Leon Kucherovsky
Country-Wide Insurance Company v. Radiology of Westchester, P.C. 2017 N.Y. Slip Op. 01461 Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J), entered August 11, 2015, denying the unopposed petition to vacate a master arbitration award, dated March 17, 2015, which a
In re GLOBAL LIBERTY INSURANCE CO., v. THERAPEUTIC PHYSICAL THERAPY, P.C, 2017 WL 985383 Respondent sought recovery for physical therapy services provided to its assignor before April 1, 2013, and petitioner insurer disclaimed parts of the claim on the ground that it had already reimbursed a diffe
Clear Water Psychological Services PC v. American Transit Insurance Company, 54 Misc.3d 915, 42 N.Y.S.3d 779, 2016 N.Y. Slip Op. 26420 An uncertified police report indicated that at the time of the accident, the assignor was driving a vehicle with a taxi license plate number and that there were tw
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
Maiga Products Corp., v. Unitrin Auto and Home Insurance Company, Slip Copy, 2017 WL 416985 (Table), 2017 N.Y. Slip Op. 50113(U) Assignor failed to appear for examinations under oath (EUOs). Although Plaintiff’s moving papers failed to establish either that defendant had failed to deny the cla
Golden Earth Chiropractic & Acupuncture, PLLC, v Global Liberty Insurance Company of New York, 54 Misc.3d 31, 2016 WL 7018840 (N.Y.Sup.App.Term), 2016 N.Y. Slip Op. 26395 Lower arbitrator determined that the independent medical examination IME scheduling letters were defective because they cal
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. Allstate argued that it was sent to the wrong address for No-Fault correspondence. Provider los
Infinity Chiropractic Health, P.C. v Republic W. Ins. Co., 2016 NY Slip Op 51564(U) [53 Misc 3d 144(A)] Plaintiff commenced an to recover assigned first-party no-fault benefits. Shortly before plaintiff started its action, defendant commenced a declaratory judgment action in the Supreme Co
GLOBAL LIBERTY INSURANCE CO., v. COASTAL ANESTHESIA SERVICES, LLC, 42 N.Y.S.3d 803 The Court stated: Petitioner failed to demonstrate the existence of any of the statutory grounds for vacating the Master Arbitrator’s award (CPLR 7511[b] ). The decision of the Master Arbitrator in affirming the
Active Care Medical Supply Corp. v. American Commerce Ins. Co., 2015-1081 K C, NYLJ 1202776325394 Medical provider sought to recover for medical supplies it provided to its assignor for injuries. Prior to the commencement of the action, defendant commenced a declaratory judgment action in the Suprem