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May 14, 2021

Island Life Chiropractic Pain Care, PLLC v Nationwide Ins. (2021 NY Slip Op 50436(U))

https://www.beynensonlaw.com/case-law/island-life-chiropractic-pain-care-pllc-v-nationwide-ins-2021-ny-slip-op50436u/

Court
Appellate Term, Second Department
Decided
May 14, 2021
Citation
2021 NY Slip Op 50436(U) · 71 Misc 3d 136(A)
Posture
Summary judgment
Outcome
Insurer prevailed
Issues
EUO no-show
Cite as
Island Life Chiropractic Pain Care, PLLC v Nationwide Ins., 71 Misc 3d 136(A), 2021 NY Slip Op 50436(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021)

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 motion to dismiss the complaint for the assignor's failure to attend duly scheduled EUOs was granted on appeal. The Appellate Term, Second Department, reversed the order denying the motion. The court relied entirely on the reasons stated in Longevity Med. Supply, Inc. v Nationwide Ins.

Reported in New York Official Reports at Island Life Chiropractic Pain Care, PLLC v Nationwide Ins. (2021 NY Slip Op 50436(U))

[*1]
Island Life Chiropractic Pain Care, PLLC v Nationwide Ins.
2021 NY Slip Op 50436(U) [71 Misc 3d 136(A)]
Decided on May 14, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 May 14, 2021

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


PRESENT: : THOMAS P. ALIOTTA, P.J., WAVNY TOUSSAINT, DONNA-MARIE E. GOLIA, JJ
2019-336 K C
Island Life Chiropractic Pain Care, PLLC, as Assignee of Smith, Lendell, Respondent,

against

Nationwide Ins., Appellant.

Hollander Legal Group, P.C. (Allan S. Hollander of counsel), for appellant. The Rybak Firm, PLLC (Damin Toell of counsel), for respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Richard J. Montelione, J.), entered October 22, 2018. The order denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is granted.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant’s motion which had sought 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 Longevity Med. Supply, Inc. v Nationwide Ins. (69 Misc 3d 129[A], 2020 NY Slip Op 51133[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

ALIOTTA, P.J., TOUSSAINT and GOLIA, JJ., concur.


ENTER:
Paul Kenny
Chief Clerk
Decision Date: May 14, 2021

Cited in this decision

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

  • Longevity Med. Supply, Inc. v Nationwide Ins. (2020 NY Slip Op 51133(U)) FollowedAn assignor must attend a requested EUO whether the insurer demands it before or after submission of the claim form.

Similar decisions

  • Island Life Chiropractic Pain Care, PLLC v Ameriprise Ins. (2020 NY Slip Op 51369(U))The insurer established the assignor's failure to attend both scheduled EUOs and timely denials based on that nonappearance.
  • Island Life Chiropractic, P.C. v National Liab. & Fire Ins. Co. (2017 NY Slip Op 51843(U))The insurer failed to prove mailing of IME notices, and the provider failed to establish its prima facie entitlement to summary judgment.
  • Island Life Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51551(U))The insurer's summary judgment motion based on the assignor's EUO nonappearance was granted on appeal.
  • Island Life Chiropractic Pain Care, PLLC v State Farm Mut. Auto. Ins. Co. (2018 NY Slip Op 51595(U))The insurer's summary judgment dismissing the provider's claims on the ground of the provider's EUO nonappearance was affirmed.
  • 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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