October 27, 2017

Island Life Chiropractic, P.C. v Allstate Ins. Co. (2017 NY Slip Op 51465(U))

https://www.beynensonlaw.com/case-law/island-life-chiropractic-p-c-v-allstate-ins-co-2017-ny-slip-op51465u/

Court: Appellate Term, Second Department
Decided: October 27, 2017
Citation: 2017 NY Slip Op 51465(U) · 57 Misc 3d 146(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Policy issues

Cite as

Island Life Chiropractic, P.C. v Allstate Ins. Co., 57 Misc 3d 146(A), 2017 NY Slip Op 51465(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017)

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Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer was granted summary judgment because its proof established that it had issued no policy covering the loss. The Appellate Term, Second Department, affirmed, finding the proof sufficient under Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co. and concluding that the provider had sued the wrong insurer. The provider's remaining arguments were either raised for the first time on appeal or lacked merit.

Reported in New York Official Reports at Island Life Chiropractic, P.C. v Allstate Ins. Co. (2017 NY Slip Op 51465(U))

[*1]

Island Life Chiropractic, P.C. v Allstate Ins. Co.

2017 NY Slip Op 51465(U) [57 Misc 3d 146(A)]

Decided on October 27, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 27, 2017
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
NO. 2014-2770 Q C

Island Life Chiropractic, P.C., as Assignee of Thony, Adler, Appellant,
against
Allstate Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Law Offices of Peter C. Merani, P.C. (Eric M. Wahrburg, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered November 6, 2014. 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 defendant had not issued an insurance policy covering the subject loss and, thus, that plaintiff had sued the wrong insurer.

Contrary to plaintiff’s argument, the proof submitted by defendant was sufficient to establish, prima facie, that defendant had not issued a policy covering the subject loss (see Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co., 44 Misc 3d 136[A], 2014 NY Slip Op 51240[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]). Plaintiff’s remaining arguments are either improperly raised for the first time on appeal or lack merit.

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: October 27, 2017

Cited in this decision

A label shows how this decision treated the case it cites.

Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co. (2014 NY Slip Op 51240(U)) FollowedThe insurer's examiner affidavit established that it had not issued a policy covering the accident.

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Island Life Chiropractic, P.C. v Omni Indem. Co. (2017 NY Slip Op 51258(U))The insurer's summary judgment dismissing the complaint was affirmed on its defense that it had issued no policy covering the loss.
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