Author Archives: Leon Kucherovsky
New Horizon Surgical Center, L.L.C., v. Allstate Insurance Company, Slip Copy, 2016 WL 4021130 (Table), 2016 N.Y. Slip Op. 51124(U) New Jersey facility sued to recover a facility fee for MUA. The procedure performed at plaintiff’s facility. Denial was timely and based on lack of medical nec
Gotkin v. Allstate Insurance Co., 2014-01403 This is an interesting scenario but more from the perspective of the individual who feels wronged that an insurer cancels or changes coverage and increases the premium without notice. Insurance Law §3425 imposes restrictions on a liability insurer̵
Progressive Cas. Ins. Co. v. Garcia, 33 N.Y.S.3d 385 Insurer brought a CPLR article 75 to permanently stay arbitration of an uninsured motorist claim. The Appellate Division reversed the lower Court saying Progressive failed to timely commence the action. Specifically, the Court said: “ ‘C
J.K.M. Medical Care, P.C. v. Liberty Mut. Fire Ins. Co., 2016 N.Y. Slip Op. 51071(U) Provider sued to collect unpaid bills. Insurer moved for summary judgment saying that it had won on a declaratory judgment in another county with respect to the underlying claim. However, insurer never pleaded
Throgs Neck Multicare, P.C. v. Mercury Cas. Co., 2016 wl 3748667, 2016 Slip Op. 51081 The insurer in it summary judgment motion attached as proof a record downloaded from the New York State Dept of State with respect to the medical providers corporate status and name of the owner. The Court ruled
Atlantic Chiropractic, P.C. v. Liberty Mut. Fire Ins. Co., 2016 WL 3748486 With respect to the effect of a prior DJ Action where the insurer won on the defense of EUO no shows, the Court stated as follows: The Supreme Court judgment declared that the failure of plaintiff’s assignor to appear for d
Professional Health Imaging, P.C. v State Farm Mut. Auto. Ins. Co., 2016 NY Slip Op 51026(U) http://www.nycourts.gov/reporter/3dseries/2016/2016_51026.htm Should sending out objections to EUOs be done now routinely on each case if you are a Plaintiff? Maybe so according to this case. The Court
COMPAS MEDICAL, P.C., v. PRAETORIAN INS. CO., No. 2014–2469 Q C. The assignor materially misrepresented his address to procure a lower insurance premium. The interesting thing here is the standard of proof the Court required. The Court also commented on the mailing of EUO notices: [D]efenda
State Farm Mut. Auto. Ins. Co. v Knish Hacking Corp., 2016 NY Slip Op 50996(U) This case is about the old law office failure explanation used commonly by lawyers when they fail to answer. Here, due to the length of time counsel (or somebody) waited, the court was not amused: To open its default
Charles Deng Acupuncture, P.C. v Titan Ins. Co. 2016 NY Slip Op 26211 Medical provider challenged the insurer’s attempt to use the transcript or “bust statement” as proof of no show. The Court said as follows: This Court finds that given the reliability of unsworn statements made