December 7, 2016

J.K.M. Med. Care, P.C. v Ameriprise Auto & Home Ins. Co. (2016 NY Slip Op 51773(U))

Headnote

The relevant facts considered by the court were that the plaintiff, J.K.M. Medical Care, P.C., had commenced an action to recover first-party no-fault benefits for medical services provided to Tevin Jackson as a result of a motor vehicle accident. The injured party signed an assignment of benefits to the plaintiff. The defendant, Ameriprise Auto & Home Insurance Company, scheduled examinations under oath (EUOs) for the assignor, but the assignor allegedly did not appear for the scheduled EUOs. The main issue decided by the court was whether the defendant was obligated to pay assigned first-party no-fault benefits to the plaintiff, and whether the assignor's failure to appear for the scheduled EUOs was sufficient grounds for the defendant to deny payment. The holding of the case was that the court reversed the order granting the defendant's motion for summary judgment dismissing the complaint, and denied the defendant's motion for summary judgment. The court held that the defendant was obligated to pay assigned first-party no-fault benefits to the plaintiff, and the assignor's failure to appear for the scheduled EUOs was not sufficient grounds for the defendant to deny payment.

Reported in New York Official Reports at J.K.M. Med. Care, P.C. v Ameriprise Auto & Home Ins. Co. (2016 NY Slip Op 51773(U))

J.K.M. Med. Care, P.C. v Ameriprise Auto & Home Ins. Co. (2016 NY Slip Op 51773(U)) [*1]

J.K.M. Med. Care, P.C. v Ameriprise Auto & Home Ins. Co.

2016 NY Slip Op 51773(U) [54 Misc 3d 126(A)]

Decided on December 7, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 7, 2016

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

PRESENT: : SOLOMON, J.P., WESTON and ELLIOT, JJ.
2014-1232 K C

J.K.M. Medical Care, P.C., as Assignee of Tevin Jackson, Appellant,
against
Ameriprise Auto & Home Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered May 1, 2014. The order granted 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 denied.

Plaintiff commenced this action on May 6, 2013 to recover assigned first-party no-fault benefits for medical services that it had provided as a result of a motor vehicle accident that had occurred on May 5, 2011. The injured party, Tevin Jackson, signed an assignment of benefits to plaintiff on May 6, 2011. Defendant purported to schedule an examination under oath (EUO) of the assignor to be held on July 29, 2011, and, upon the assignor’s alleged nonappearance, a follow-up EUO on September 12, 2011.

On August 21, 2013, defendant moved for summary judgment dismissing the complaint on the ground that defendant is not obligated to pay assigned first-party no-fault benefits to plaintiff in light of a Supreme Court order and on the additional ground that the assignor had failed to appear for scheduled EUOs. Plaintiff opposed the motion. By order entered May 1, 2014, the Civil Court granted defendant’s motion.

For the reasons stated in J.K.M. Med. Care, P.C. as Assignee of Latoya Payne v Ameriprise Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op _____ [appeal No. 2014-1219 K C], decided herewith), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

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

Decision Date: December 07, 2016