April 9, 2021

Domny Med. Servs., P.C. v Universal Ins. Co. (2021 NY Slip Op 50301(U))

Headnote

The court considered an appeal from an order of the Civil Court denying the defendant's motion for summary judgment dismissing the complaint in a case involving a provider seeking to recover assigned first-party no-fault benefits. The main issue decided was whether the out-of-state insurance company, defendant, was liable for the services under the insurance policy at issue. The defendant argued that, as an out-of-state company with no ties to New York, it was not liable for the services. However, the court held that the defendant had not demonstrated, as a matter of law, that its policies should not be deemed to satisfy New York's financial security requirements and provide for the payment of first-party benefits, as mandated by Insurance Law § 5107 and 11 NYCRR § 65-1.8. Therefore, the order denying the defendant's motion for summary judgment was affirmed.

Reported in New York Official Reports at Domny Med. Servs., P.C. v Universal Ins. Co. (2021 NY Slip Op 50301(U))

Domny Med. Servs., P.C. v Universal Ins. Co. (2021 NY Slip Op 50301(U)) [*1]

Domny Med. Servs., P.C. v Universal Ins. Co.

2021 NY Slip Op 50301(U) [71 Misc 3d 131(A)]

Decided on April 9, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 9, 2021

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

PRESENT: : THOMAS P. ALIOTTA, P.J., MICHELLE WESTON, DAVID ELLIOT, JJ
2019-1456 K C

Domny Medical Services, P.C., as Assignee of Lucas, Alvin, Respondent,
against
Universal Insurance Co., Appellant.

Jacobson & Schwartz, LLP (Henry J. Cernitz of counsel), for appellant. The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered August 12, 2019. The order, insofar as appealed from, denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied its motion for summary judgment dismissing the complaint on the ground that the insurance policy at issue does not include applicable no-fault benefits.

Defendant does not deny that it issued the insurance policy pursuant to which plaintiff seeks payment, but argues that, as an out-of-state company with no ties to New York, it is not liable for these services. Contrary to defendant’s contention, it has not demonstrated, as a matter of law, that its policies should not “be deemed to satisfy New York’s financial security requirements and to provide for the payment of first-party benefits” (Matter of American Ind. Ins. Co. v Nova Acupuncture, P.C., 137 AD3d 1270, 1272 [2016]; see Insurance Law § 5107; 11 NYCRR § 65-1.8) or that the policy at issue does not otherwise mandate coverage under the circumstances (cf. Flushing Traditional Acupuncture, P.C. v Infinity Group, 38 Misc 3d 21, 23 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012]).

Accordingly, the order, insofar as appealed from, is affirmed.

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

ENTER:
Paul Kenny
Chief Clerk
Decision Date: April 9, 2021