July 30, 2021

Island Life Chiropractic Pain Care, PLLC v Nationwide Ins. (2021 NY Slip Op 50765(U))

https://www.beynensonlaw.com/case-law/island-life-chiropractic-pain-care-pllc-v-nationwide-ins-2021-ny-slip-op50765u/

Court: Appellate Term, Second Department
Decided: July 30, 2021
Citation: 2021 NY Slip Op 50765(U) · 72 Misc 3d 137(A)
Posture: Summary judgment
Outcome: Provider prevailed
Issues: EUO no-show

Cite as

Island Life Chiropractic Pain Care, PLLC v Nationwide Ins., 72 Misc 3d 137(A), 2021 NY Slip Op 50765(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021)

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 insurer's motion for summary judgment dismissing the provider's claims based on EUO nonappearance was denied. The Appellate Term, Second Department, affirmed the order, insofar as appealed from, for the reasons stated in the companion appeal Allay Med. Servs., P.C. v Nationwide Ins., decided the same day, No. 2019-118 K C.

Reported in New York Official Reports at Island Life Chiropractic Pain Care, PLLC v Nationwide Ins. (2021 NY Slip Op 50765(U))

[*1]

Island Life Chiropractic Pain Care, PLLC v Nationwide Ins.

2021 NY Slip Op 50765(U) [72 Misc 3d 137(A)]

Decided on July 30, 2021

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 30, 2021

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-340 K C

Island Life Chiropractic Pain Care, PLLC, as Assignee of Bright, Sayquan U, Respondent,
against
Nationwide Ins., Appellant.

Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Odessa Kennedy, J.), entered December 6, 2018. The order, insofar as appealed from and as limited by the brief, denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant moved for summary judgment dismissing the complaint on the ground that plaintiff had failed to appear for duly scheduled examinations under oath, and plaintiff cross-moved for summary judgment. By order entered December 6, 2018, the Civil Court denied the motion and cross motion but found, pursuant to CPLR 3212 (g), that the claims at issue were mailed by plaintiff and received by defendant. Defendant appeals, as limited by its brief, from so much of the order as denied its motion for summary judgment.

For the reasons stated in Allay Med. Servs., P.C., as Assignee of Bright, Sayquan U v Nationwide Ins. (___ Misc 3d ___, 2021 NY Slip Op ______ [appeal No. 2019-118 K C], decided herewith), the order, insofar as appealed from, is affirmed.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 30, 2021

Similar decisions

Allay Med. Servs., P.C. v Nationwide Ins. (2021 NY Slip Op 50764(U))The insurer's summary judgment motion based on EUO nonappearance was denied because it failed to establish timely denial.
Island Life Chiropractic Pain Care, PLLC v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51595(U))The insurer's summary judgment dismissing the provider's claims on the ground of the provider's EUO nonappearance was affirmed.
Island Life Chiropractic Pain Care, PLLC v Ameriprise Ins. (2020 NY Slip Op 51369(U))The insurer established the assignor's failure to attend both scheduled EUOs and timely denials based on that nonappearance.
MSB Physical Therapy, P.C. v Nationwide Ins. (2022 NY Slip Op 51378(U))The insurer failed to establish timely denial after the provider's second EUO nonappearance or raise a triable issue on that defense.
Island Life Chiropractic, P.C. v 21st Century Ins. Co. (2017 NY Slip Op 51824(U))The provider failed to establish that its claims were denied late or that timely denials were conclusory, vague or legally meritless.