A & S Med. Supply, Inc. v MVAIC Ins. Co. Claimant was insured by Long Island Insurance Co., which went into liquidation. Claimant’s medical provider sent bills to MVAIC, which denied the claims on the grounds that there was potential coverage through the Liquidation Bureau. The Appellate Term held that the Liquidation Bureau’s records […]
Natural Therapy Acupuncture, P.C. v Omni Indem. Co. Plaintiff medical provider brought suit against Omni Indemnity. Omni was granted summary judgment after it proved that it did not issue a policy for the subject accident, but that a different insurer did. Plaintiff appealed. The Appellate Term affirmed the dismissal of the suit, and ordered both […]
Pavlova a/a/o Cosby Reavis v Allstate Ins. Co. In this no-fault suit, plaintiff medical provider billed for services under CPT code 20999, which is a “by report” code. The insurer denied the claim on the grounds that the provider did not supply documentation backing up the need for the services. The Appellate Term held that […]
First Am. Alliance, Inc. v Ameriprise Ins. Co. In this no-fault suit, plaintiff medical provider billed for services under CPT code 20999, which is a “by report” code. The insurer denied the claim on the grounds that the provider did not supply documentation backing up the need for the services. The Appellate Term held that […]
Pavlova a/a/o Cosby Reavis v Allstate Ins. Co. In this no-fault suit, plaintiff medical provider billed for services under CPT code 20999, which is a “by report” code. The insurer denied the claim on the grounds that the provider did not supply documentation backing up the need for the services. The Appellate Term held that […]
Sunrise Acupuncture, P.C. a/a/o Sharise Davis v Kemper Independence Ins. Co. Both named insureds under an auto policy died in June 2007. Raquel Davis was named as executor of the estate. In May 2008, Raquel’s daughter, Sharise, got into an accident while driving the insured vehicle and applied for no fault benefits, which were denied […]
Monaghan v Roman Catholic Diocese of Rockville Ctr. This lawsuit arose out of the alleged sexual abuse of a child by a Catholic priest. The Diocese moved to dismiss some of the causes of action, and Supreme Court denied the motion. But the Appellate Division reversed, and held that there is no legal duty for […]
Rickard v New York Cent. Mut. Fire Ins. Co. Breaking with precedent, the Appellate Division holds here that an insurer’s SUM claims file is subject to discovery by plaintiff—even those portions created after litigation was commenced—limited only by a court’s in-camera inspection of those portions claimed to be privileged.—LNR υFollowing a motor vehicle accident in […]
Williams v New York City Tr. Auth. Plaintiff alleged that he slipped on a greasy substance on the stairs of a subway entrance. Three years into the suit, the Transit Authority moved for summary judgment and included an affidavit from an employee who cleaned those stairs every morning. Plaintiff argued that he needed more discovery […]
In the Matter of the Arbitration between: Kazu Acupucture, PC and Metropolitan Property and Casualty Insurance Company This New York PIP arbitration was dismissed without prejudice because the arbitrator found that the claimant was a New Jersey resident with a New Jersey insurance policy, and therefore the claim was governed by New Jersey law. —LNR The claim for […]
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