November 1, 2016

ABC Physical Therapy, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51614(U))

https://www.beynensonlaw.com/case-law/abc-physical-therapy-p-c-v-utica-mut-ins-co-2016-ny-slip-op51614u/

Court: Appellate Term, Second Department
Decided: November 1, 2016
Citation: 2016 NY Slip Op 51614(U) · 53 Misc 3d 147(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: EUO no-show

Cite as

ABC Physical Therapy, P.C. v Utica Mut. Ins. Co., 53 Misc 3d 147(A), 2016 NY Slip Op 51614(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016)

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 summary judgment dismissing the provider's claims for the assignor's failure to attend duly scheduled EUOs was affirmed. The Appellate Term, Second Department, relied on the reasons stated in the companion appeal, Art of Healing Medicine, P.C. v Utica Mut. Ins. Co., decided the same day, No. 2013-2716 Q C, without giving independent reasoning.

Reported in New York Official Reports at ABC Physical Therapy, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51614(U))

[*1]

ABC Physical Therapy, P.C. v Utica Mut. Ins. Co.

2016 NY Slip Op 51614(U) [53 Misc 3d 147(A)]

Decided on November 1, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 1, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-22 Q C

ABC Physical Therapy, P.C., as Assignee of OWEN MINNS, Appellant,
against
Utica Mutual Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (William A. Viscovich, J.), entered November 20, 2013. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

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 on the ground that plaintiff’s assignor had failed to appear for duly scheduled examinations under oath.

For the reasons stated in Art of Healing Medicine, P.C., as Assignee of Owen Minns v Utica Mut. Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op _____ [appeal No. 2013-2716 Q C], decided herewith), the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: November 01, 2016

Similar decisions

Art of Healing Medicine, P.C. v Utica Mut. Ins. Co. (2016 NY Slip Op 51608(U))The insurer's summary judgment dismissing the provider's claims for the assignor's failure to attend duly scheduled EUOs was affirmed.
Utica Acupuncture P.C. v Amica Mut. Ins. Co. (2017 NY Slip Op 50331(U))The insurer failed to submit competent proof that the assignor missed the scheduled IMEs. The IME doctor's conclusory affirmation did not adequately explain the basis for recalling, approximately two years later, that the assignor had not appeared on the scheduled dates.
Right Aid Med. Supply Corp. v Utica Mut. Ins. Co. (2014 NY Slip Op 50421(U))An assignor's appearance at an EUO is a condition precedent to the insurer's liability under the policy.
Integrative Pain Medicine, P.C. v Allstate Ins. Co. (2016 NY Slip Op 51525(U))An assignor may not cure an EUO nonappearance after an insurer establishes a timely and proper denial on that ground.
Five Boro Psychological Servs., P.C. v Utica Mut. Ins. Co. (2013 NY Slip Op 52005(U))An EUO rescheduled by mutual agreement before its scheduled date does not constitute a failure to appear.