July 1, 2008
All Borough Group Med. Supply, Inc. v GEICO Ins. Co. (2008 NY Slip Op 51417(U))
https://www.beynensonlaw.com/case-law/all-borough-group-med-supply-inc-v-geico-ins-co-2008-ny-slip-op51417u/
- Decided
- July 1, 2008
- Citation
- 2008 NY Slip Op 51417(U) · 20 Misc 3d 130(A)
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Issues
- Medical necessity
- Legal questions
- Lack of medical necessity (see the maps)
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 All Borough Group Med. Supply, Inc. v GEICO Ins. Co. (2008 NY Slip Op 51417(U))
| All Borough Group Med. Supply, Inc. v GEICO Ins. Co. |
| 2008 NY Slip Op 51417(U) [20 Misc 3d 130(A)] |
| Decided on July 1, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and STEINHARDT, JJ
2007-930 K C.
against
GEICO Ins. Co., Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Chan, J.), entered May 3, 2007. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.
Order affirmed without costs.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff’s
motion for summary judgment was supported by an affirmation from plaintiff’s counsel, an
affidavit by an employee of plaintiff and various documents annexed thereto. The affidavit
executed by the employee stated in a conclusory manner that the
documents annexed to plaintiff’s motion papers were plaintiff’s business records.
Defendant cross-moved for summary judgment on the ground of lack of medical necessity. In
support of its cross motion and in opposition to plaintiff’s motion for summary judgment,
defendant argued, inter alia, that the affidavit by plaintiff’s employee failed to demonstrate
personal knowledge of the facts set forth therein and that, as a result, plaintiff failed to establish a
prima facie case. The court below denied plaintiff’s motion and granted defendant’s cross motion,
finding that plaintiff failed to establish its prima facie entitlement to summary judgment and
defendant established its defense of lack of medical necessity. The instant appeal by plaintiff
ensued.
Contrary to plaintiff’s contention, the denial of claim form submitted by defendant, which included a defense of lack of medical necessity as per a peer review report, was not fatally defective. Although defendant omitted certain sections from the denial of claim form, the sections were not relevant to the instant claim. The denial of claim form “promptly apprise[d] the claimant with a high degree of specificity of the ground . . . on which the disclaimer [wa]s [*2]predicated . . .” (New York Univ. Hosp. Rusk Inst. v Hartford Acc. & Indem. Co., 32 AD3d 458, 460 [2006] [internal quotations and citations omitted]) and defendant established that said denial of claim form was approved by the New York State Department of Insurance (id.). Consequently, defendant’s defense of lack of medically necessity was not precluded.
Defendant’s cross motion papers, including the affirmed peer review report, established prima facie that there was no medical necessity for the supplies provided by plaintiff, which evidence was unrebutted. As a result, the court below properly granted defendant’s cross motion for summary judgment (see Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co., 18 Misc 3d 128[A], 2007 NY Slip Op 52455[U] [App Term, 2d & 11th Jud Dists 2007]; A Khodadadi Radiology, P.C. v N.Y. Cent. Mut. Fire Ins. Co., 16 Misc 3d 131[A], 2007 NY Slip Op 51342[U] [App Term, 2d & 11th Jud Dists 2007]).
Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: July 1, 2008
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.
Did the insurer’s proof establish lack of medical necessity, and did the provider’s evidence rebut it?
This decision: Insurer's proof established lack of medical necessity and the provider failed to rebut it
Affirmed summary judgment for the insurer because its affirmed peer review report established prima facie that the supplies were not medically necessary and the provider left that showing unrebutted.
Of the 617 decisions on this question in the Second Department courts and the Court of Appeals, 315 (this one included) are in the same category.
Cited in this decision
A label shows how this decision treated the case it cites.
- New York Univ. Hosp. Rusk Inst. v Hartford Acc. & Indem. Co. (2006 NY Slip Op 06223) FollowedThe insurers were precluded from contesting a hospital claim because they failed to establish that their denial letter met regulatory requirements.
- Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co. (2007 NY Slip Op 52455(U))The insurer's unrebutted peer review established that the provider's MRIs lacked medical necessity.
- A Khodadadi Radiology, P.C. v NY Cent. Mut. Fire Ins. Co. (2007 NY Slip Op 51342(U))The insurer's unrebutted peer review established that the provider's MRIs lacked medical necessity.
Cited by
- Vista Surgical Supplies, Inc. v GEICO Ins. Co. (2009 NY Slip Op 50739(U))A denial form is not invalid for omitting irrelevant sections if it is approved and specifically identifies the medical-necessity defense.
Similar decisions
- Mega Supplies Billing, Inc. v GEICO Ins. Co. (2008 NY Slip Op 51418(U))The insurer's denial was not fatally defective, and its unrebutted affirmed peer review established lack of medical necessity for the supplies.
- Alur Med. Supply, Inc. v GEICO Ins. Co. (2008 NY Slip Op 51867(U))The insurer's unrebutted peer review established lack of medical necessity for two claims, but it failed to prove another charge excessive.
- Bath Med. Supply, Inc. v GEICO Ins. Co. (2010 NY Slip Op 52316(U))The insurer's peer reviews established lack of medical necessity, and the provider failed to justify delaying summary judgment for discovery.
- Quality Health Prods. v GEICO Gen. Ins. Co. (2012 NY Slip Op 50415(U))The insurer's unrebutted peer review report supplied a factual basis and medical rationale for denying the supplies as medically unnecessary.
- All Borough Group Med. Supply, Inc. v Travelers Ins. Co. (2010 NY Slip Op 50153(U))The insurer's affidavits established timely mailing of its medical-necessity denial through its standard office practice and procedure.