November 16, 2018

All Healthy Style Med., P.C. v Ameriprise Ins. Co. (2018 NY Slip Op 51651(U))

https://www.beynensonlaw.com/case-law/all-healthy-style-med-p-c-v-ameriprise-ins-co-2018-ny-slip-op51651u/

Court: Appellate Term, Second Department
Decided: November 16, 2018
Citation: 2018 NY Slip Op 51651(U) · 61 Misc 3d 143(A)
Posture: Summary judgment
Outcome: Provider prevailed
Issues: Policy issues

Cite as

All Healthy Style Med., P.C. v Ameriprise Ins. Co., 61 Misc 3d 143(A), 2018 NY Slip Op 51651(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018)

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Summary

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

The insurer's summary judgment motion based on an alleged material misrepresentation of the assignor's residence was denied on appeal. The Appellate Term, Second Department, reversed the Civil Court, Kings County, order dismissing the provider's assigned no-fault benefits complaint, relying on the reasons stated in Liliya Veksler, LCSW, P.C. v Ameriprise Ins. Co.

Reported in New York Official Reports at All Healthy Style Med., P.C. v Ameriprise Ins. Co. (2018 NY Slip Op 51651(U))

[*1]

All Healthy Style Med., P.C. v Ameriprise Ins. Co.

2018 NY Slip Op 51651(U) [61 Misc 3d 143(A)]

Decided on November 16, 2018

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This opinion is uncorrected and will not be published in the printed Official Reports.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 November 16, 2018

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, DAVID ELLIOT, JJ
2016-1526 K C

All Healthy Style Medical, P.C., Also Known as All Healthy Style, P.C., as Assignee of Carlos Canela, Appellant,
against
Ameriprise Ins. Co., Respondent.

Kopelevich & Feldsherova, P.C. (David Landfair of counsel), for appellant. Bruno, Gerbino & Soriano, LLP (Nathan Shapiro of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), entered May 11, 2016. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint upon the ground that plaintiff’s assignor had procured the insurance policy in question by making a material misrepresentation as to his place of residence.

For the reasons stated in Liliya Veksler, LCSW, P.C. v Ameriprise Ins. Co. (59 Misc 3d 145[A], 2018 NY Slip Op 50741[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

PESCE, P.J., ALIOTTA and ELLIOT, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: November 16, 2018

Cited in this decision

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

Liliya Veksler, LCSW, P.C. v Ameriprise Ins. Co. (2018 NY Slip Op 50741(U)) FollowedThe insurer failed to show that the assignor's residence misrepresentation was material to issuance of the policy.

Similar decisions

All Healthy Style Med., P.C. v 21st Century Ins. Co. (2018 NY Slip Op 51592(U))The insurer failed to establish that the assignor's residence misrepresentation was material to issuance of the policy.
Serge Chiropractic Servs., P.C. v Ameriprise Ins. Co. (2018 NY Slip Op 50742(U))The insurer's motion for summary judgment based on material misrepresentation of the assignor's residence was denied on appeal.
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.
ARIS Diagnostic Med., PLLC v Ameriprise Ins. Co. (2020 NY Slip Op 51380(U))The insurer raised factual issues about whether a material misrepresentation was made in connection with issuance of the policy.
Allay Med. Servs., P.C. v Metropolitan Gen. Ins. Co. (2019 NY Slip Op 51617(U))The insurer established timely EUO notices, the assignor's failure to appear twice, and timely denials based on those nonappearances.