June 22, 2016

Compas Med., P.C. v Praetorian Ins. Co. (2016 NY Slip Op 51001(U))

Headnote

The court considered a case where Compas Medical, P.C. sought to recover first-party no-fault benefits as the assignee of Nelson Josner. Compas moved for summary judgment, but Praetorian Ins. Co. cross-moved for summary judgment, arguing that it had timely denied the claims due to Josner's fraudulent procurement of the insurance policy. The fraudulent misrepresentation involved Josner providing a false address to obtain a lower insurance premium. The main issue was whether Praetorian had valid grounds to deny the claims based on Josner's misrepresentation. The court held that Praetorian's cross motion for summary judgment dismissing the complaint was denied, providing a victory for Compas Medical, P.C. and allowing the case to proceed.

Reported in New York Official Reports at Compas Med., P.C. v Praetorian Ins. Co. (2016 NY Slip Op 51001(U))

Compas Med., P.C. v Praetorian Ins. Co. (2016 NY Slip Op 51001(U)) [*1]

Compas Med., P.C. v Praetorian Ins. Co.

2016 NY Slip Op 51001(U) [52 Misc 3d 132(A)]

Decided on June 22, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 22, 2016

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

PRESENT: : PESCE, P.J., WESTON and ELLIOT, JJ.
2014-2502 Q C

Compas Medical, P.C., as Assignee of Nelson Josner, Appellant,
against
Praetorian Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered October 3, 2014. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint.

ORDERED that the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied; as so modified, the order is affirmed, without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant cross-moved for summary judgment dismissing the complaint, contending that it had timely denied the claims based on plaintiff’s assignor’s fraudulent procurement of the insurance policy, in that plaintiff’s assignor had materially misrepresented his address in order to procure a lower insurance premium. By order entered October 3, 2014, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

For the reasons stated in Compas Med., P.C., as Assignee of Nelson Josner v Praetorian Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ______ [appeal No. 2014-2469 Q C], decided herewith), the order is modified by providing that defendant’s cross motion for summary judgment dismissing the complaint is denied.

Pesce, P.J., Weston and Elliot, JJ., concur.

Decision Date: June 22, 2016