April 14, 2015
Harmonic Physical Therapy, P.C. v Praetorian Ins. Co. (2015 NY Slip Op 50525(U))
https://www.beynensonlaw.com/case-law/harmonic-physical-therapy-p-c-v-praetorian-ins-co-2015-ny-slip-op50525u/
- Decided
- April 14, 2015
- Citation
- 2015 NY Slip Op 50525(U) · 47 Misc 3d 137(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Later treatment
- Distinguished in 1 and followed in 4 later decisions (see Cited by)
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 Harmonic Physical Therapy, P.C. v Praetorian Ins. Co. (2015 NY Slip Op 50525(U))
| Harmonic Physical Therapy, P.C. v Praetorian Ins. Co. |
| 2015 NY Slip Op 50525(U) [47 Misc 3d 137(A)] |
| Decided on April 14, 2015 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through March 9, 2016; it will not be published in the printed Official Reports. |
Decided on April 14, 2015
PRESENT: Lowe, III, Schoenfeld, Hunter, Jr., JJ.
570555/14
against
Praetorian Insurance Company Defendant-Appellant.
Defendant, as limited by its briefs, appeals from so much of an order of the Civil Court of the City of New York, Bronx County (Donald A. Miles, J.), entered March 20, 2013, as denied its cross motion for summary judgment dismissing the complaint.
Per Curiam.
Order (Donald A. Miles, J.), entered March 20, 2013, insofar as appealed from, reversed, with $10 costs, and defendant’s motion for summary judgment dismissing the complaint is granted. The Clerk is directed to enter judgment accordingly.
The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing the action for first-party no-fault benefits. The evidentiary proof submitted by defendant established that, following the timely denial of plaintiff-provider’s claim on the ground of lack of medical necessity, the governing insurance policy’s coverage limits had been exhausted through payment of no-fault benefits in satisfaction of arbitration awards rendered in favor of other health care providers, and that such payments were made in compliance with the priority of payment regulation (see 11 NYCRR 65-3.15; Nyack Hosp. v General Motors Acceptance Corp., 8 NY3d 294 [2007]; New York and Presbyt. Hosp. v Allstate Ins. Co., 28 AD3d 528 [2006]).
In opposition, plaintiff failed to raise a triable issue. Contrary to plaintiff’s contention, defendant was not precluded by 11 NYCRR 65-3.15 from paying other providers’ legitimate claims subsequent to the denial of plaintiff’s claims. Adopting plaintiff’s position, which would require defendant to delay payment on uncontested claims, or, as here, on binding arbitration awards – pending resolution of plaintiff’s disputed claim – “runs counter to the no-fault regulatory scheme, which is designed to promote prompt payment of legitimate claims” (Nyack Hosp. v General Motors Accept. Corp., 8 NY3d at 300).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concurI concur
Decision Date: April 14, 2015
Cited in this decision
A label shows how this decision treated the case it cites.
- New York & Presbyt. Hosp. v Allstate Ins. Co. (2006 NY Slip Op 02731) FollowedThe insurer proved exhaustion of policy limits before it became obligated to pay the provider's claim.
Cited by (11)
A label shows how the later decision treated this one.
- Breeze Acupuncture, P.C. v Allstate Ins. Co. (2018 NY Slip Op 50138(U)) DistinguishedThe insurer was barred from reducing a judgment based on policy exhaustion known before trial but first raised after judgment.
- Allstate Prop. & Cas. Ins. Co. v Northeast Anesthesia & Pain Mgt. (2016 NY Slip Op 50828(U)) FollowedAn arbitration award directing payment beyond a no-fault policy's monetary limit exceeds the arbitrator's power.
- Matter of Lam Quan, MD, PC v GEICO Gen. Ins. Co. (2024 NY Slip Op 00174) FollowedAn arbitrator exceeds the scope of authority by awarding no-fault benefits after payment of the contractual policy limit.
- Matter of Spartan Med. Supply v Liberty Mut. Ins. Co. (2019 NY Slip Op 50862(U)) FollowedThe master arbitrator's affirmance of a policy-exhaustion denial was rational despite conflicting appellate authority.
- Allstate Fire & Cas. Ins. Co. v Branch Med., P.C. (2022 NY Slip Op 50277(U)) FollowedAn arbitration award directing payment beyond exhausted no-fault policy limits exceeds the arbitrator's power.
- Alleviation Med. Servs., P.C. v Allstate Ins. Co. (2017 NY Slip Op 27097)An insurer cannot establish policy exhaustion through payments made after it denied a fully verified claim.
- Matter of New Millennium Pain & Spine Medicine, P.C. v Garrison Prop. & Cas. Ins. Co. (2024 NY Slip Op 00599)The provider's petitions failed because policy-exhaustion awards were rational and its wage-offset argument was unavailing.
- Advantage Radiology, P.C. v MVAIC (2023 NY Slip Op 50139(U))MVAIC's submissions raised triable issues about exhaustion of coverage limits and compliance with priority-of-payment regulations.
- North Queens Surgical Ctr. v Lancer Ins. Co. (2025 NY Slip Op 50191(U))The insurer's policy-exhaustion defense failed at trial and on appeal where it paid later-received claims after denying the provider's claim.
- Tian Shan Acupuncture PC v Global Liberty Ins. Co. (2019 NY Slip Op 50728(U))The insurer established timely IME requests and denials and the assignor's failure to appear for two IMEs. The Civil Court, Bronx County, granted the insurer summary judgment dismissing the complaint with prejudice, denied its remaining grounds as moot, and denied the provider's cross motion.
Show all 11 citing decisions
Similar decisions
- PR Med., P.C. v Praetorian Ins. Co. (2016 NY Slip Op 50338(U))The insurer's letter delaying payment pending IMEs did not toll the 30-day period, and its medical-necessity defense was precluded.
- Harmonic Physical Therapy v Encompass Home & Auto Ins. Co. (2015 NY Slip Op 50733(U))The insurer proved the assignor's IME nonappearance through sworn statements based on personal knowledge of office practices and policies.
- Parsons Med. Supply, Inc. v Progressive Northeastern Ins. Co. (2012 NY Slip Op 51649(U))An insurer's delay letters requesting no verification do not toll the 30-day period to pay or deny a no-fault claim.
- Premier Health Choice v Praetorian Ins. Co. (2015 NY Slip Op 51383(U))The provider's unsworn doctor's report failed to rebut IME findings that the assignor needed no further physical therapy.
- Triangle R Inc. v Praetorian Ins. Co. (2010 NY Slip Op 52041(U))An insurer need not pay or deny a no-fault claim until it receives all relevant requested verification.