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July 13, 2012

Natural Therapy Acupuncture, P.C. v Interboro Ins. Co. (2012 NY Slip Op 51350(U))

https://www.beynensonlaw.com/case-law/natural-therapy-acupuncture-p-c-v-interboro-ins-co-2012-ny-slip-op51350u/

Court
Appellate Term, Second Department
Decided
July 13, 2012
Citation
2012 NY Slip Op 51350(U) · 36 Misc 3d 135(A)
Posture
Summary judgment
Outcome
Insurer prevailed
Later treatment
Followed in 4 later decisions (see Cited by)
Issues
Fee schedule Provider's prima facie case Policy issues
Legal questions
Proof of mailing · Proving a fee schedule defense (see the maps)
Cite as
Natural Therapy Acupuncture, P.C. v Interboro Ins. Co., 36 Misc 3d 135(A), 2012 NY Slip Op 51350(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2012)

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 established deductible and fee schedule defenses to three claims and nonreceipt of the claim underlying the second cause of action. Its unopposed motion showed a policy deductible under 11 NYCRR 65-1.6 and full fee schedule payment for the first, third, and fourth causes of action. Although some denial pages were omitted, the submitted pages specified the grounds without risking confusion or prejudice. For the second cause of action, the claims representative's affidavit established nonreceipt beyond a conclusory denial, and no sworn statement from someone with personal knowledge attested to submission. The Appellate Term, Second Department, reversed the order and granted the insurer summary judgment dismissing the complaint.

Reported in New York Official Reports at Natural Therapy Acupuncture, P.C. v Interboro Ins. Co. (2012 NY Slip Op 51350(U))

[*1]
Natural Therapy Acupuncture, P.C. v Interboro Ins. Co.
2012 NY Slip Op 51350(U) [36 Misc 3d 135(A)]
Decided on July 13, 2012
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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 13, 2012

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


PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
2011-416 K C.
Natural Therapy Acupuncture, P.C. as Assignee of JEAN CHARLES, Respondent, —

against

Interboro Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered December 17, 2010. The order denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, without 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 unopposed motion for summary judgment dismissing the complaint.

The affidavit by defendant’s claims representative established that the denial of claim forms at issue had been timely mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]; Delta Diagnostic Radiology, P.C. v Chubb Group of Ins., 17 Misc 3d 16 [App Term, 2d & 11th Jud Dists 2007]). With respect to plaintiff’s first cause of action, defendant demonstrated that plaintiff’s assignor’s insurance policy contained a $200 [*2]deductible (see Insurance Department Regulations [11 NYCRR] § 65-1.6) and that defendant timely denied $200 of the claim form at issue in the first cause of action due to said deductible (see Innovative Chiropractic, P.C. v Progressive Ins. Co., 26 Misc 3d 135[A], 2010 NY Slip Op 50148[U] [App Term, 2d, 11th & 13th Jud Dists 2010]). As to the remaining unpaid portions of the claim form at issue in the first cause of action, defendant demonstrated that the amounts sought by plaintiff exceeded the amounts permitted by the workers’ compensation fee schedule and that defendant had fully paid plaintiff for the services billed for in accordance with the fee schedule (see Great Wall Acupuncture, P.C. v GEICO Ins. Co., 26 Misc 3d 23 [App Term, 2d, 11th & 13th Jud Dists 2009]). As to plaintiff’s third and fourth causes of action, defendant likewise demonstrated that it had fully paid plaintiff for the services billed for in accordance with the fee schedule (id.). Although the denial of claim forms offered by defendant in support of its motion did not include every page of these forms, the forms sufficiently apprised plaintiff “with a high degree of specificity of the ground or grounds on which the [denials were] predicated” (Nyack Hosp. v State Farm Mut. Auto. Ins. Co., 11 AD3d 664, 664 [2004]) and the omitted pages “did not pose any possibility of confusion or prejudice to . . . [plaintiff] under the circumstances” (NYU-Hospital for Joint Diseases v Esurance Ins. Co., 84 AD3d 1190, 1191 [2011]).

With respect to plaintiff’s second cause of action, the affidavit by defendant’s claims representative contained more than a mere conclusory denial of receipt of the claim form allegedly mailed to it (cf. Top Choice Med., P.C. v GEICO Gen. Ins. Co., 33 Misc 3d 137[A], 2011 NY Slip Op 52063[U] [App Term, 2d, 11th & 13th Jud Dists 2011]) and sufficiently established that defendant had not received that claim form (see Matter of Government Empls. Ins. Co. v Morris, __ AD3d __, 2012 NY Slip Op 03448 [2012]). In the absence of a sworn statement by someone with personal knowledge attesting to plaintiff’s submission of the claim form at issue in the second cause of action, defendant was entitled to summary judgment dismissing the second cause of action as well (see Fiveborough Chiropractic & Acupuncture, PLLC v American Employers’ Ins. Co. Div. of Onebeacon Am. Ins. Co., 24 Misc 3d 133[A], 2009 NY Slip Op 51395[U] [App Term, 9th & 10th Jud Dists 2009]; cf. Top Choice Med., P.C., 33 Misc 3d 137[A], 2011 NY Slip Op 52063[U]).

Accordingly, the order is reversed and defendant’s motion for summary judgment dismissing the complaint is granted.

Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: July 13, 2012

Legal questions (2)

Questions of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.

Proof of mailing

Open the full map

Did a party’s evidence establish that it mailed a no-fault claim, denial, verification request or examination notice?

This decision: The provider's or claimant's proof did not establish mailing of its claim form, NF-2 or verification response

Held the insurer's detailed non-receipt affidavit established the second claim form was never received, and with no sworn statement from anyone with knowledge of its submission the claim was dismissed; denials were also held timely mailed.

  • Court of AppealsCt App 1
  • Appellate DivisionApp Div 37
  • Appellate TermApp Term 1,214
  • Trial courtsTrial 148
2015, Court of Appeals: 1 decision (1 Provider proved mailing)2023, Appellate Division: 1 decision (1 Insurer proved mailing)2020, Appellate Division: 1 decision (1 Insurer proved mailing)2016, Appellate Division: 3 decisions (1 Insurer proved mailing, 2 Insurer failed to prove)2015, Appellate Division: 2 decisions (2 Insurer failed to prove)2014, Appellate Division: 3 decisions (2 Insurer proved mailing, 1 Provider proved mailing)2013, Appellate Division: 1 decision (1 Provider proved mailing)2012, Appellate Division: 1 decision (1 Provider proved mailing)2011, Appellate Division: 6 decisions (3 Insurer proved mailing, 1 Insurer failed to prove, 2 Provider proved mailing)2010, Appellate Division: 1 decision (1 Provider proved mailing)2008, Appellate Division: 2 decisions (2 Insurer proved mailing)2007, Appellate Division: 7 decisions (1 Insurer proved mailing, 1 Insurer failed to prove, 3 Provider proved mailing, 1 Provider failed to prove, 1 Mixed rulings)2006, Appellate Division: 3 decisions (2 Insurer failed to prove, 1 Provider failed to prove)2005, Appellate Division: 2 decisions (2 Insurer failed to prove)2004, Appellate Division: 3 decisions (2 Insurer failed to prove, 1 Triable issue on mailing)2026, Appellate Division: 1 decision (1 Insurer failed to prove)2023, Appellate Term: 6 decisions (5 Insurer proved mailing, 1 Triable issue on mailing)2022, Appellate Term: 44 decisions (32 Insurer proved mailing, 3 Insurer failed to prove, 1 Provider proved mailing, 3 Provider failed to prove, 5 Triable issue on mailing)2021, Appellate Term: 21 decisions (13 Insurer proved mailing, 2 Insurer failed to prove, 5 Triable issue on mailing, 1 Mixed rulings)2020, Appellate Term: 31 decisions (24 Insurer proved mailing, 2 Insurer failed to prove, 5 Triable issue on mailing)2019, Appellate Term: 81 decisions (59 Insurer proved mailing, 5 Insurer failed to prove, 2 Provider proved mailing, 2 Provider failed to prove, 12 Triable issue on mailing, 1 Mixed rulings)2018, Appellate Term: 74 decisions (46 Insurer proved mailing, 16 Insurer failed to prove, 1 Provider failed to prove, 10 Triable issue on mailing, 1 Mixed rulings)2017, Appellate Term: 115 decisions (60 Insurer proved mailing, 26 Insurer failed to prove, 4 Provider proved mailing, 2 Provider failed to prove, 21 Triable issue on mailing, 2 Mixed rulings)2016, Appellate Term: 103 decisions (44 Insurer proved mailing, 30 Insurer failed to prove, 3 Provider proved mailing, 2 Provider failed to prove, 21 Triable issue on mailing, 3 Mixed rulings)2015, Appellate Term: 97 decisions (66 Insurer proved mailing, 10 Insurer failed to prove, 1 Provider proved mailing, 3 Provider failed to prove, 9 Triable issue on mailing, 8 Mixed rulings)2014, Appellate Term: 68 decisions (55 Insurer proved mailing, 4 Insurer failed to prove, 2 Provider proved mailing, 3 Triable issue on mailing, 4 Mixed rulings)2013, Appellate Term: 73 decisions (62 Insurer proved mailing, 6 Insurer failed to prove, 1 Provider proved mailing, 1 Provider failed to prove, 3 Mixed rulings)2012, Appellate Term: 110 decisions (87 Insurer proved mailing, 14 Insurer failed to prove, 1 Provider proved mailing, 3 Provider failed to prove, 1 Triable issue on mailing, 4 Mixed rulings)2011, Appellate Term: 69 decisions (56 Insurer proved mailing, 8 Insurer failed to prove, 2 Provider proved mailing, 1 Triable issue on mailing, 2 Mixed rulings)2010, Appellate Term: 78 decisions (67 Insurer proved mailing, 4 Insurer failed to prove, 2 Provider proved mailing, 2 Provider failed to prove, 1 Triable issue on mailing, 2 Mixed rulings)2009, Appellate Term: 53 decisions (29 Insurer proved mailing, 11 Insurer failed to prove, 6 Provider proved mailing, 3 Provider failed to prove, 4 Mixed rulings)2008, Appellate Term: 28 decisions (13 Insurer proved mailing, 11 Insurer failed to prove, 2 Provider proved mailing, 1 Provider failed to prove, 1 Mixed rulings)2007, Appellate Term: 30 decisions (9 Insurer proved mailing, 16 Insurer failed to prove, 3 Provider proved mailing, 2 Mixed rulings)2006, Appellate Term: 75 decisions (6 Insurer proved mailing, 19 Insurer failed to prove, 21 Provider proved mailing, 21 Provider failed to prove, 8 Mixed rulings)2005, Appellate Term: 27 decisions (2 Insurer proved mailing, 14 Insurer failed to prove, 7 Provider proved mailing, 3 Provider failed to prove, 1 Mixed rulings)2004, Appellate Term: 12 decisions (1 Insurer proved mailing, 4 Insurer failed to prove, 3 Provider proved mailing, 2 Provider failed to prove, 1 Triable issue on mailing, 1 Mixed rulings)2003, Appellate Term: 3 decisions (3 Provider proved mailing)2024, Appellate Term: 4 decisions (2 Insurer proved mailing, 1 Insurer failed to prove, 1 Provider failed to prove)2025, Appellate Term: 4 decisions (3 Insurer proved mailing, 1 Provider proved mailing)2026, Appellate Term: 8 decisions (3 Insurer proved mailing, 3 Insurer failed to prove, 2 Triable issue on mailing)2023, Trial courts: 4 decisions (2 Insurer proved mailing, 2 Provider proved mailing)2022, Trial courts: 5 decisions (2 Insurer proved mailing, 2 Provider proved mailing, 1 Mixed rulings)2021, Trial courts: 18 decisions (12 Insurer proved mailing, 1 Provider proved mailing, 3 Provider failed to prove, 2 Mixed rulings)2020, Trial courts: 5 decisions (1 Insurer proved mailing, 2 Provider proved mailing, 2 Mixed rulings)2019, Trial courts: 4 decisions (3 Insurer failed to prove, 1 Triable issue on mailing)2018, Trial courts: 1 decision (1 Insurer proved mailing)2017, Trial courts: 7 decisions (5 Insurer proved mailing, 2 Insurer failed to prove)2016, Trial courts: 4 decisions (2 Insurer proved mailing, 1 Provider proved mailing, 1 Triable issue on mailing)2015, Trial courts: 3 decisions (3 Provider proved mailing)2013, Trial courts: 4 decisions (3 Insurer proved mailing, 1 Insurer failed to prove)2012, Trial courts: 10 decisions (5 Insurer proved mailing, 2 Insurer failed to prove, 2 Provider proved mailing, 1 Triable issue on mailing)2011, Trial courts: 4 decisions (2 Insurer proved mailing, 1 Insurer failed to prove, 1 Provider failed to prove)2010, Trial courts: 6 decisions (3 Insurer proved mailing, 1 Insurer failed to prove, 2 Provider proved mailing)2009, Trial courts: 9 decisions (4 Insurer proved mailing, 2 Insurer failed to prove, 3 Provider proved mailing)2008, Trial courts: 13 decisions (3 Insurer proved mailing, 1 Insurer failed to prove, 7 Provider proved mailing, 1 Provider failed to prove, 1 Mixed rulings)2007, Trial courts: 8 decisions (1 Insurer proved mailing, 5 Insurer failed to prove, 2 Provider proved mailing)2006, Trial courts: 7 decisions (1 Insurer proved mailing, 6 Insurer failed to prove)2005, Trial courts: 15 decisions (2 Insurer proved mailing, 8 Insurer failed to prove, 1 Provider proved mailing, 4 Provider failed to prove)2004, Trial courts: 10 decisions (5 Insurer failed to prove, 2 Provider proved mailing, 3 Provider failed to prove)2024, Trial courts: 2 decisions (1 Insurer failed to prove, 1 Provider failed to prove)2025, Trial courts: 2 decisions (2 Insurer proved mailing)2026, Trial courts: 7 decisions (3 Insurer proved mailing, 1 Provider proved mailing, 2 Provider failed to prove, 1 Triable issue on mailing)This decision
20052010201520202025
Insurer proved mailingInsurer failed to proveProvider proved mailingProvider failed to proveTriable issue on mailingMixed rulingsThis decisionCites it or cited by itCited or followedDistinguished or limited

Of the 1,400 decisions on this question in the Second Department courts and the Court of Appeals, 67 (this one included) are in the same category.

Proving a fee schedule defense

Open the full map

Did the insurer prove that the amount billed exceeded the applicable workers’ compensation fee schedule?

This decision: Insurer proved the billed amount exceeded the applicable fee schedule

Held the insurer showed the amounts sought exceeded the workers' compensation fee schedule and that it had fully paid the services under the schedule, apart from a properly denied $200 deductible.

  • Court of AppealsCt App 1
  • Appellate DivisionApp Div 6
  • Appellate TermApp Term 239
  • Trial courtsTrial 39
2016, Court of Appeals: 1 decision (1 Excess shown)2022, Appellate Division: 1 decision (1 Excess shown)2020, Appellate Division: 1 decision (1 Not established; open)2019, Appellate Division: 2 decisions (1 Excess shown, 1 Defense rejected)2015, Appellate Division: 1 decision (1 Excess shown)2008, Appellate Division: 1 decision (1 Excess shown)2022, Appellate Term: 8 decisions (4 Excess shown, 2 Not established; open, 1 Defense rejected, 1 Split by charge)2021, Appellate Term: 5 decisions (1 Excess shown, 1 Not established; open, 3 Defense rejected)2020, Appellate Term: 10 decisions (6 Excess shown, 3 Not established; open, 1 Split by charge)2019, Appellate Term: 16 decisions (13 Excess shown, 2 Not established; open, 1 Split by charge)2018, Appellate Term: 10 decisions (9 Excess shown, 1 Split by charge)2017, Appellate Term: 47 decisions (27 Excess shown, 15 Not established; open, 5 Split by charge)2016, Appellate Term: 21 decisions (11 Excess shown, 7 Not established; open, 1 Defense rejected, 2 Split by charge)2015, Appellate Term: 13 decisions (10 Excess shown, 3 Not established; open)2014, Appellate Term: 13 decisions (7 Excess shown, 5 Not established; open, 1 Split by charge)2013, Appellate Term: 13 decisions (3 Excess shown, 8 Not established; open, 2 Split by charge)2012, Appellate Term: 20 decisions (15 Excess shown, 3 Not established; open, 1 Defense rejected, 1 Split by charge)2011, Appellate Term: 18 decisions (8 Excess shown, 5 Not established; open, 5 Split by charge)2010, Appellate Term: 15 decisions (7 Excess shown, 3 Not established; open, 3 Defense rejected, 2 Split by charge)2009, Appellate Term: 6 decisions (4 Excess shown, 2 Not established; open)2008, Appellate Term: 2 decisions (1 Excess shown, 1 Not established; open)2007, Appellate Term: 5 decisions (3 Excess shown, 2 Not established; open)2006, Appellate Term: 2 decisions (1 Not established; open, 1 Defense rejected)2005, Appellate Term: 5 decisions (1 Not established; open, 4 Defense rejected)2004, Appellate Term: 3 decisions (1 Not established; open, 2 Defense rejected)2003, Appellate Term: 2 decisions (2 Defense rejected)2023, Appellate Term: 1 decision (1 Excess shown)2025, Appellate Term: 1 decision (1 Not established; open)2026, Appellate Term: 3 decisions (2 Excess shown, 1 Not established; open)2022, Trial courts: 4 decisions (2 Excess shown, 2 Not established; open)2021, Trial courts: 4 decisions (1 Excess shown, 3 Not established; open)2017, Trial courts: 2 decisions (2 Excess shown)2016, Trial courts: 2 decisions (1 Excess shown, 1 Not established; open)2015, Trial courts: 1 decision (1 Not established; open)2013, Trial courts: 2 decisions (1 Not established; open, 1 Defense rejected)2012, Trial courts: 2 decisions (1 Not established; open, 1 Defense rejected)2011, Trial courts: 1 decision (1 Excess shown)2010, Trial courts: 2 decisions (1 Defense rejected, 1 Split by charge)2009, Trial courts: 2 decisions (1 Excess shown, 1 Defense rejected)2008, Trial courts: 1 decision (1 Not established; open)2007, Trial courts: 2 decisions (2 Not established; open)2006, Trial courts: 3 decisions (3 Defense rejected)2005, Trial courts: 3 decisions (2 Excess shown, 1 Not established; open)2004, Trial courts: 2 decisions (2 Defense rejected)2024, Trial courts: 1 decision (1 Defense rejected)2026, Trial courts: 3 decisions (2 Not established; open, 1 Split by charge)2018, Trial courts: 2 decisions (2 Not established; open)This decision
20052010201520202025
Excess shownNot established; openDefense rejectedSplit by chargeThis decisionCites it or cited by itCited or followed

Of the 285 decisions on this question in the Second Department courts and the Court of Appeals, 147 (this one included) are in the same category.

Cited in this decision

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

  • St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co. (2008 NY Slip Op 04072) FollowedThe insurer raised factual issues concerning a proper timely denial and its entitlement to deny the hospital's claim.
  • Delta Diagnostic Radiology, P.C. v Chubb Group of Ins. (2007 NY Slip Op 27345) FollowedAn insurer may prove mailing by describing its standard procedure for properly addressing and mailing items.
  • Innovative Chiropractic, P.C. v Progressive Ins. Co. (2010 NY Slip Op 50148(U)) FollowedThe insurer established a policy deductible but failed to support its duplicative-billing defense to a separate bill.
  • Great Wall Acupuncture, P.C. v Geico Ins. Co. (2009 NY Slip Op 29467) FollowedAn insurer may use the chiropractic acupuncture fee schedule to reimburse acupuncture services performed by a licensed acupuncturist.
  • Nyack Hosp. v State Farm Mut. Auto. Ins. Co. (2004 NY Slip Op 07663) FollowedA timely but fatally defective denial cannot be cured by supplying omitted information after the 30-day denial period expires.
  • NYU-Hospital for Joint Diseases v Esurance Ins. Co. (2011 NY Slip Op 04436) FollowedThe insurer raised factual issues about timely denial and whether the assignor's injury resulted from driving while intoxicated.
  • Top Choice Med., P.C. v GEICO Gen. Ins. Co. (2011 NY Slip Op 52063(U)) Contrasted (cf., but see)The provider proved two claims remained unpaid and undenied for 30 days, and the insurer's bare denial of receipt raised no triable issue.
  • Fiveborough Chiropractic & Acupuncture, PLLC v American Employers’ Ins. Co. Div. of Onebeacon Am. Ins. Co. (2009 NY Slip Op 51395(U)) FollowedThe insurer established that it never received the provider's claims, and the provider failed to prove mailing.

Cited by

A label shows how the later decision treated this one.

  • Rockland Family Med. Care, P.C. v State Farm Mut. Auto. Ins. Co. (2022 NY Slip Op 50766(U)) FollowedThe insurer's own affidavits established the provider's entitlement to $97.14 on a fully denied claim billed under CPT code 99205.
  • Maria S. Masigla, P.T. v ELRAC, Inc. (2017 NY Slip Op 51712(U)) FollowedThe provider's own papers showed that its claims were submitted more than 45 days after the services were rendered.
  • Greenway Med. Supply Corp. v ELRAC, Inc. (2016 NY Slip Op 51774(U)) FollowedThe defendant established that the provider submitted its claim more than five months after furnishing the supplies.
  • Compas Med., P.C. v Elrac, Inc. (2013 NY Slip Op 51734(U)) FollowedThe insurer established nonreceipt of two bills and the assignor's failure to appear for duly scheduled IMEs. Its affidavit sufficiently demonstrated that it had not received the two claim forms, rather than merely denying receipt in conclusory terms.
  • Meridian Acupuncture Care, P.C. v Mercury Cas. Co. (2015 NY Slip Op 50681(U))The insurer's reliance on an IME of someone other than the assignor failed to establish lack of medical necessity.
  • Artzel, Inc. v Mercury Cas. Co. (2016 NY Slip Op 51437(U))The insurer established nonreceipt of the claim form, and the provider offered no evidence that it had submitted the form.

Similar decisions

  • Natural Therapy Acupuncture, P.C. v American Tr. Ins. Co. (2016 NY Slip Op 50389(U))The insurer's affidavit and exhibits established full payment for the disputed services under the workers' compensation fee schedule.
  • Natural Therapy Acupuncture, P.C. v Travelers Ins. Co. (2015 NY Slip Op 51713(U))The insurer established timely denial and full payment under the fee schedule for acupuncture services performed by chiropractors.
  • Natural Therapy Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co. (2014 NY Slip Op 50134(U))The insurer proved timely mailing of its EUO notices and denials and the provider's failure to appear for the scheduled EUOs. The Appellate Term, Second Department, affirmed summary judgment dismissing the provider's assigned no-fault claims.
  • Natural Therapy Acupuncture, P.C. v GEICO Ins. Co. (2019 NY Slip Op 51254(U))The insurer established that its payments complied with the workers' compensation fee schedule, and the provider failed to rebut that showing.
  • Health Needles Acupuncture, P.C. v Praetorian Ins. Co. (2014 NY Slip Op 51831(U))A letter merely announcing delay pending an assignor's IME and EUO does not toll the time to pay or deny a no-fault claim.
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