April 9, 2021
Domny Med. Servs., P.C. v Universal Ins. Co. (2021 NY Slip Op 50301(U))
https://www.beynensonlaw.com/case-law/domny-med-servs-p-c-v-universal-ins-co-2021-ny-slip-op-50301u/
- Decided
- April 9, 2021
- Citation
- 2021 NY Slip Op 50301(U) · 71 Misc 3d 131(A)
- Posture
- Summary judgment
- Outcome
- Provider prevailed
- Issues
- Policy issues
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.
Reported in New York Official Reports at Domny Med. Servs., P.C. v Universal Ins. Co. (2021 NY Slip Op 50301(U))
| Domny Med. Servs., P.C. v Universal Ins. Co. |
| 2021 NY Slip Op 50301(U) [71 Misc 3d 131(A)] |
| Decided on April 9, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 April 9, 2021
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ
2019-1456 K C
against
Universal Insurance Co., Appellant.
Jacobson & Schwartz, LLP (Henry J. Cernitz of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered August 12, 2019. The order, insofar as appealed from, 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 appeals from so much of an order of the Civil Court as denied its motion for summary judgment dismissing the complaint on the ground that the insurance policy at issue does not include applicable no-fault benefits.
Defendant does not deny that it issued the insurance policy pursuant to which plaintiff seeks payment, but argues that, as an out-of-state company with no ties to New York, it is not liable for these services. Contrary to defendant’s contention, it has not demonstrated, as a matter of law, that its policies should not “be deemed to satisfy New York’s financial security requirements and to provide for the payment of first-party benefits” (Matter of American Ind. Ins. Co. v Nova Acupuncture, P.C., 137 AD3d 1270, 1272 [2016]; see Insurance Law § 5107; 11 NYCRR § 65-1.8) or that the policy at issue does not otherwise mandate coverage under the circumstances (cf. Flushing Traditional Acupuncture, P.C. v Infinity Group, 38 Misc 3d 21, 23 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]).
Accordingly, the order, insofar as appealed from, is affirmed.
ALIOTTA, P.J., WESTON and ELLIOT, JJ., concur.
ENTER:
Paul Kenny
Chief Clerk
Decision Date: April 9, 2021
Cited in this decision
A label shows how this decision treated the case it cites.
- Matter of American Ind. Ins. Co. v Nova Acupuncture, P.C. (2016 NY Slip Op 02357) FollowedThe out-of-state insurer's duty to arbitrate required a hearing on its control relationship with an authorized New York insurer.
- Flushing Traditional Acupuncture, P.C. v Infinity Group (2012 NY Slip Op 22345)The insurer failed to establish that its Pennsylvania policy limit governed the claims or that timely verification requests tolled denial time.
Similar decisions
- Domny Med. Servs., P.C. v Travelers Ins. Co. (2020 NY Slip Op 51328(U))The insurer's summary judgment motion was granted after the record was found sufficient to establish mailing of EUO notices and denials.
- Gentlecare Ambulatory Anesthesia Servs.; Lyonel F. Paul M.D. v Hereford Ins. Co. (2020 NY Slip Op 51379(U))A lack-of-coverage defense is not precluded by defects in, or untimeliness of, an insurer's denial of claim.
- Domny Med. Servs., P.C. v First Acceptance Ins. Co., Inc. (2019 NY Slip Op 52048(U))The provider failed to establish personal jurisdiction because it supplied no signed acknowledgment of service under CPLR 312-a. The provider mailed the summons and complaint to an out-of-state insurer, which moved before answering to dismiss under CPLR 3211 (a) (8).
- JPC Med., P.C. v State Farm Mut. Auto. Ins. Co. (2022 NY Slip Op 50562(U))The insurer failed to establish policy exhaustion because its claim specialist did not lay a sufficient foundation for the payment log.
- Charles Deng Acupuncture, P.C. v 21st Century Ins. Co. (2018 NY Slip Op 51815(U))The insurer failed to prove that Florida law applied or that admissible payment records established exhaustion of policy limits.