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NO SHOWS AT EUO

Progressive Casualty Insurance Company v. Metro Psychological Services, P.C., 2016 WL 2337939 Insurer brought a DJ action against provider based upon No Shows at EUO.  Defendant cross moved for summary judgment.  Appellate Division reversed the lower court based upon the fact that insurer faile

DEFECTIVE PEER REVIEW

Lotus Acupuncture, P.C. a/a/o Marilyn Rivera v. Unitrin Advantage Ins. Co, 51 Misc.3d 139 Insurer made a motion for summary judgment based on the lack of medical necessity.  Appellate Term reversed the lower court saying: the peer review report pertaining to acupuncture services rendered November

EUO NOTICES – MAILING

CONTEMPORARY ACUPUNCTURE, P.C., v. ALLSTATE INSURANCE COMPANY,  51 Misc.3d 132 Insurance company must show it timely mailed EUO notices and timely denials as part of its prima facia case with respect to an EUO no show defense. This case is along the same rationale as Progressive Cas. Ins. Co. v.

OBS FACILITY FEES

GEICO v. Avanguard, 2016 WL 1247701 The Court of Appeals issued its ruling in this long awaited matter on the question of whether an Office Based Surgery Practice (OBS) can recover a facility fee.  Unfortunately for OBS practices, the Court held that the “regulatory framework” does not mandate