Author Archives: Leon Kucherovsky
Auto One Insurance Company v. Easter Island Medical Care, P.C., 2016 WL 3606938 Now that arbitration has become very prevalent, this has become more common. The insurer filed for de novo adjudication from an arbitration (affirmed by a Master) which exceeded $5000.00. The insurer also failed
Country-Wide Ins. Co. v TC Acupuncture, P.C. 2016 NY Slip Op 05104 http://www.nycourts.gov/reporter/3dseries/2016/2016_05104.htm Provider commenced an arbitration against insurance company. Insurer, relying on State Farm Mut. Auto Ins. Co. v Mallela (4 NY3d 313 [2005]), asserted that it could wi
Liberty Mutual Insurance Company v. Raia Medical Health, P.C., et al., 2016 N.Y. Slip. Op. 04916 Here is a case that is perplexing to say the least. Joseph Raia is purportedly a licensed Physiatrist and the owner of Raia Medical Health, P.C., a licensed MRI facility. Liberty Mutual filed a DJ a
Mollo v. Geico Ins. Co., 22122/14, NYLJ 1202760512988, at *1 (Sup., NY, Decided May 17, 2016) Concerning the mailing of EUO notices in relation to receipt of bills, the Court stated as follows: “For the purposes of counting the 30 calendar days after proof of claim, wherein the claim b
McCulloch Orthopedic Surgical Services v. Group Health Ins. Incorporated, 156145/14, NYLJ 1202760398071, at *1 (Sup., NY, Decided June 8, 2016) Group Health Insurance (GHI) moved for summary judgment dismissal of plaintiff physician’s complaint asserting a cause of action for promissory estopp
ALFA Med. Supplies, Inc. v Allstate Ins. Co. 2016 NY Slip Op 50942(U) http://www.courts.state.ny.us/reporter/3dseries/2016/2016_50942.htm Defendant-insurer failed to offer a reasonable excuse to adequately explain its two-year delay in answering the complaint in this action seeking to recover firs
New York Community Hosp. of Brooklyn v Mercury Cas. Co. 2016 NY Slip Op 50915(U) http://www.courts.state.ny.us/reporter/3dseries/2016/2016_50915.htm Motion seeking to compel plaintiff to appear for an examination before trial is granted and the examination shall be held within 60 days of the date
Vladenn Med. Supply Corp. v State Farm Mut. Auto. Ins. Co., 2016 NY Slip Op 50928(U) http://www.courts.state.ny.us/reporter/3dseries/2016/2016_50928.htm Plaintiff/provider appealed dismissal from a motion for summary judgment. The Civil Court found that Plaintiff failed to appear for duly schedu
Metro 8 Med. Equip., Inc. v Esurance Ins. Co., 2016 NY Slip Op 50904(U) http://www.courts.state.ny.us/reporter/3dseries/2016/2016_50904.htm The Court found sufficient proof of EUO No Show: The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing the action for
Urban Well Acupuncture, P.C. v Nationwide Gen. Ins. Co. 2016 NY Slip Op 50906(U) http://www.nycourts.gov/reporter/3dseries/2016/2016_50906.htm In this case the Court found sufficient proof of no show: The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing th