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November 9, 2022

National Gen. Ins. Online, Inc. v Blasco (2022 NY Slip Op 06252)

https://www.beynensonlaw.com/case-law/national-gen-ins-online-inc-v-blasco-2022-ny-slip-op-06252/

Court
Appellate Division, Second Department
Decided
November 9, 2022
Citation
2022 NY Slip Op 06252 · 210 AD3d 786
Posture
Summary judgment
Outcome
Insurer prevailed
Later treatment
Followed in 3 later decisions (see Cited by)
Issues
Staged accidents, lack of coverage Discovery and procedure
Legal questions
No covered accident (founded belief) (see the maps)
Cite as
National Gen. Ins. Online, Inc. v Blasco, 210 AD3d 786 (2d Dept 2022)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurers established through admissible evidence that the collisions were intentionally caused or staged, defeating no-fault coverage. The insurers sought a declaration against providers claiming benefits from two collisions involving recently insured vehicles and taxicabs. The Appellate Division, Second Department, affirmed the judgment declaring no duty to cover the claims following summary judgment against the providers. An intentional, staged collision furthering an insurance fraud scheme is not a covered accident. The providers raised no triable issue concerning the collisions and failed to show that summary judgment was premature under CPLR 3212 (f).

Reported in New York Official Reports at National Gen. Ins. Online, Inc. v Blasco (2022 NY Slip Op 06252)

National Gen. Ins. Online, Inc. v Blasco
2022 NY Slip Op 06252 [210 AD3d 786]
November 9, 2022
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4, 2023

[*1]

 National General Insurance Online, Inc., et al., Respondents,
v
Franklin Blasco et al., Defendants, and AB Medical Supply, Inc., et al., Appellants.

The Rybak Firm, PLLC, Brooklyn, NY (Oleg Rybak and Maksim Leyvi of counsel), for appellants.

McDonnell Adels & Klestzick, PLLC, Garden City, NY (Michael J. Giordano of counsel), for respondents.

In an action, inter alia, for a judgment declaring that the plaintiffs are not obligated to pay certain no-fault claims, the defendants AB Medical Supply, Inc., AB Quality Health Supply Corp., ACH Chiropractic, P.C., Energy Chiropractic, P.C., FJL Medical Services, P.C., JFL Medical Care, P.C., JPF Medical Services, P.C., Jules Francois Parisien, Kings Rehab Acupuncture, P.C., and Maria Shiela Masigla appeal from a judgment of the Supreme Court, Nassau County (R. Bruce Cozzens, Jr., J.), entered November 13, 2019. The judgment, upon an order of the same court entered October 9, 2019, granting that branch of the plaintiffs’ motion which was for summary judgment on the complaint insofar as asserted against those defendants, inter alia, declared that the plaintiffs have no duty to provide coverage for the subject no-fault claims.

Ordered that the judgment is affirmed, with costs.

In April 2017 and June 2017, within days of the defendants Jerry Noland and Franklin Blasco procuring automobile insurance policies, the vehicles for which the policies were issued were involved in two separate automobile collisions when they each came into contact with two separate taxicabs. In or around April 2018, the plaintiffs, National General Insurance Online, Inc., and National General Insurance Company, commenced this action against Noland, Blasco and other individuals involved in the collisions, as well as, among others, the defendants AB Medical Supply, Inc., AB Quality Health Supply Corp., ACH Chiropractic, P.C., Energy Chiropractic, P.C., FJL Medical Services, P.C., JFL Medical Care, P.C., JPF Medical Services, P.C., Jules Francois Parisien, Kings Rehab Acupuncture, P.C., and Maria Shiela Masigla (hereinafter collectively the medical provider defendants), alleging, inter alia, that the collisions were intentional. After the Supreme Court granted the plaintiffs’ motion for leave to enter a default judgment against, among others, the individuals involved in the two collisions, the plaintiffs moved, among other things, for summary judgment on the complaint insofar as asserted against the medical provider defendants, arguing, inter alia, that they are not obligated to pay no-fault claims submitted to them by the medical provider defendants in connection with the collisions. In an order entered October 9, 2019, the Supreme Court granted that branch of the motion. A judgment was entered November 13, 2019. The medical provider defendants appeal. We affirm.

[*2] The medical provider defendants failed to sustain their burden of demonstrating that the branch of the plaintiffs’ motion which was for summary judgment on the complaint insofar as asserted against them was premature (see CPLR 3212 [f]; Shah v MTA Bus Co., 201 AD3d 833 [2022]). Further, an intentional and staged collision caused in furtherance of an insurance fraud scheme is not a covered accident under a policy of insurance (see Matter of Liberty Mut. Ins. Co. v Goddard, 29 AD3d 698, 699 [2006]), and here, the plaintiffs established their prima facie entitlement to judgment as a matter of law by demonstrating, through admissible evidence, that the subject collisions were intentionally caused or staged (see State Farm Mut. Auto. Ins. Co. v Laguerre, 305 AD2d 490 [2003]; cf. Progressive Advanced Ins. Co. v McAdam, 139 AD3d 691 [2016]; Nationwide Gen. Ins. Co. v Bates, 130 AD3d 795 [2015]). In opposition, the medical provider defendants failed to raise a triable issue of fact as to whether the collisions were intentionally caused or staged. Accordingly, the Supreme Court properly granted that branch of the plaintiffs’ motion which was for summary judgment on the complaint insofar as asserted against the medical provider defendants. Barros, J.P., Brathwaite Nelson, Chambers and Wan, JJ., concur.

Legal questions

A question of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.

No covered accident (founded belief)

Open the full map

Did the insurer show the claimed injuries did not arise from a covered accident (staged, intentional, or unrelated)?

This decision: Insurer proved the injuries did not arise from a covered accident

Affirmed summary judgment declaring no coverage because the insurers showed by admissible evidence that the collisions were intentionally caused or staged in a fraud scheme, and the providers raised no triable issue.

  • Court of AppealsCt App 1
  • Appellate DivisionApp Div 16
  • Appellate TermApp Term 170
  • Trial courtsTrial 46
2011, Court of Appeals: 1 decision (1 Defense not shown)2023, Appellate Division: 1 decision (1 Defense established)2022, Appellate Division: 1 decision (1 Defense established)2016, Appellate Division: 1 decision (1 Insurer's motion fails)2015, Appellate Division: 1 decision (1 Insurer's motion fails)2009, Appellate Division: 1 decision (1 Defense not shown)2008, Appellate Division: 1 decision (1 Defense not shown)2007, Appellate Division: 3 decisions (2 Triable issue, 1 Defense not shown)2006, Appellate Division: 1 decision (1 Insurer's motion fails)2005, Appellate Division: 2 decisions (2 Defense not shown)2004, Appellate Division: 3 decisions (3 Defense not shown)2026, Appellate Division: 1 decision (1 Defense not shown)2021, Appellate Term: 1 decision (1 Insurer's motion fails)2019, Appellate Term: 4 decisions (2 Defense established, 1 Triable issue, 1 Insurer's motion fails)2018, Appellate Term: 5 decisions (4 Defense established, 1 Triable issue)2017, Appellate Term: 8 decisions (2 Defense established, 2 Triable issue, 3 Insurer's motion fails, 1 Defense not shown)2016, Appellate Term: 1 decision (1 Insurer's motion fails)2015, Appellate Term: 1 decision (1 Defense established)2014, Appellate Term: 1 decision (1 Defense established)2012, Appellate Term: 3 decisions (2 Defense established, 1 Defense not shown)2011, Appellate Term: 4 decisions (2 Triable issue, 2 Insurer's motion fails)2010, Appellate Term: 2 decisions (1 Defense established, 1 Triable issue)2009, Appellate Term: 13 decisions (5 Defense established, 5 Triable issue, 3 Defense not shown)2008, Appellate Term: 9 decisions (3 Triable issue, 6 Defense not shown)2007, Appellate Term: 23 decisions (13 Triable issue, 2 Insurer's motion fails, 8 Defense not shown)2006, Appellate Term: 30 decisions (21 Triable issue, 9 Defense not shown)2005, Appellate Term: 37 decisions (1 Defense established, 24 Triable issue, 12 Defense not shown)2004, Appellate Term: 22 decisions (16 Triable issue, 6 Defense not shown)2003, Appellate Term: 1 decision (1 Defense not shown)2024, Appellate Term: 1 decision (1 Insurer's motion fails)2025, Appellate Term: 2 decisions (1 Defense established, 1 Insurer's motion fails)2013, Appellate Term: 1 decision (1 Defense established)2023, Appellate Term: 1 decision (1 Triable issue)2023, Trial courts: 2 decisions (2 Insurer's motion fails)2020, Trial courts: 1 decision (1 Insurer's motion fails)2019, Trial courts: 3 decisions (1 Defense established, 1 Triable issue, 1 Defense not shown)2016, Trial courts: 1 decision (1 Insurer's motion fails)2013, Trial courts: 1 decision (1 Triable issue)2011, Trial courts: 2 decisions (2 Defense not shown)2010, Trial courts: 2 decisions (1 Triable issue, 1 Defense not shown)2008, Trial courts: 5 decisions (1 Defense established, 2 Triable issue, 2 Defense not shown)2007, Trial courts: 3 decisions (1 Defense established, 2 Triable issue)2006, Trial courts: 7 decisions (2 Defense established, 5 Defense not shown)2005, Trial courts: 7 decisions (1 Defense established, 6 Defense not shown)2004, Trial courts: 5 decisions (5 Defense not shown)2026, Trial courts: 6 decisions (2 Defense established, 3 Triable issue, 1 Insurer's motion fails)2014, Trial courts: 1 decision (1 Defense not shown)This decision
20052010201520202025
Defense establishedTriable issueInsurer's motion failsDefense not shownThis decisionCites it or cited by itCited or followedDistinguished or limited

Of the 233 decisions on this question in the Second Department courts and the Court of Appeals, 31 (this one included) are in the same category.

Cited in this decision

A label shows how this decision treated the case it cites.

  • Progressive Advanced Ins. Co. v McAdam (2016 NY Slip Op 03484) Contrasted (cf., but see)The insurer failed to establish staged collisions or proper mailing of EUO requests through admissible proof.
  • Nationwide Gen. Ins. Co. v Bates (2015 NY Slip Op 06122) Contrasted (cf., but see)The insurer failed to establish through admissible evidence that three collisions were staged to obtain insurance benefits.

Cited by

A label shows how the later decision treated this one.

  • Adirondack Ins. Exch. v Rodriguez (2023 NY Slip Op 02095) FollowedThe insurers established that two collisions were intentional and excluded from no-fault coverage, including coverage for innocent third parties.
  • Integon Natl. Ins. Co. v Salazar-Ochoa (2026 NY Slip Op 50292(U)) FollowedAn insurer need not provide coverage for an intentionally caused collision, even to innocent third parties.
  • Empire State Rehab PT PC v Liberty Mut. Ins. Co. (2026 NY Slip Op 50894(U)) FollowedThe insurer's evidence of EUO inconsistencies and allegedly disproportionate injuries did not establish a staged collision as a matter of law.
  • Parisien v Erie Ins. Co. of N.Y. (2026 NY Slip Op 50400(U))The insurer's staged-accident defense presented credibility issues concerning whether a third occupant was in the vehicle.
  • Medical Diagnostic Ctr. v Ameriprise Ins. Co. (2026 NY Slip Op 50235(U))The insurer failed to establish that the collision was staged or that the transportation network company exclusion barred coverage.
  • CuraHealth Specialty Pharm. Corp v State Farm Ins. Co. (2026 NY Slip Op 50852(U))The insurer established a founded belief that the collision was intentionally caused, and the provider failed to raise a triable issue.
  • NYRX Pharm. Inc. v Mid-Century Ins. Co. (2023 NY Slip Op51094(U))The insurer failed to establish a staged collision, and inconsistent insurer names raised a triable issue on the EUO no-show defense.

Similar decisions

  • Unitrin Safeguard Ins. Co. v Manuel (2025 NY Slip Op 01727)The insurer established a founded belief that the claimants' injuries did not arise from the reported accident.
  • Global Liberty Ins. Co. v Laruenceau (2020 NY Slip Op 05851)The insurer obtained renewal and summary judgment on authenticated admissions proving that the collision was staged.
  • A.B. Med. Servs., PLLC v Clarendon Natl. Ins. Co. (2009 NY Slip Op 52383(U))The insurer's founded belief of a staged accident defeated the provider's motion but did not establish entitlement to dismissal.
  • Healthplus Surgery Ctr., LLC v American Tr. Ins. Co. (2022 NY Slip Op 02252)The insurer proved fee-schedule overbilling but failed to support its medical-necessity defense with a factual basis and medical rationale.
  • A.B. Med. Servs. PLLC v Prudential Prop. & Cas. Ins. Co. (2005 NY Slip Op 25032)An insurer may assert a lack-of-coverage defense despite an untimely denial of no-fault claims.
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