June 25, 2013
New York Diagnostic Med. Care, P.C. v GEICO Gen. Ins. Co. (2013 NY Slip Op 51036(U))
https://www.beynensonlaw.com/case-law/new-york-diagnostic-med-care-p-c-v-geico-gen-ins-co-2013-ny-slipop-51036u/
- Decided
- June 25, 2013
- Citation
- 2013 NY Slip Op 51036(U) · 40 Misc 3d 127(A)
- Posture
- Summary judgment
- Outcome
- Provider prevailed
- Issues
- Other
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Summary
Editorial summary by Beynenson Law, not part of the court’s decision.
Reported in New York Official Reports at New York Diagnostic Med. Care, P.C. v GEICO Gen. Ins. Co. (2013 NY Slip Op 51036(U))
| New York Diagnostic Med. Care, P.C. v GEICO Gen. Ins. Co. |
| 2013 NY Slip Op 51036(U) [40 Misc 3d 127(A)] |
| Decided on June 25, 2013 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., RIOS and ALIOTTA, JJ
2011-2314 K C.
against
GEICO General Insurance Company Respondent.
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S. Garson, J.), entered June 22, 2011. The order denied plaintiff’s motion for summary judgment.
ORDERED that the order is reversed, with $30 costs, plaintiff’s motion for summary judgment is granted, and the matter is remitted to the Civil Court for a calculation of statutory interest and an assessment of attorney’s fees.
In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court denying plaintiff’s motion for summary judgment.
For the reasons stated in LOF Med. Supply, Inc. v Geico Gen. Ins. Co. (39 Misc 3d 136[A], 2013 NY Slip Op 50595[U] [App Term, 2d, 11th & 13th Jud Dists 2013]), the order is reversed, plaintiff’s motion for summary judgment is granted, and the matter is remitted to the Civil Court for a calculation of statutory interest and an assessment of attorney’s fees pursuant to Insurance Law § 5106 and the regulations promulgated thereunder.
Pesce, P.J., Rios and Aliotta, JJ., concur.
Decision Date: June 25, 2013
Cited in this decision
A label shows how this decision treated the case it cites.
- LOF Med. Supply, Inc. v GEICO Gen. Ins. Co. (2013 NY Slip Op 50595(U)) FollowedThe provider established its claims through admissible billing records and an order precluding evidence of the medical-necessity defense.
Similar decisions
- New York Diagnostic Med. Care, P.C. v GEICO Cas. Ins. Co. (2012 NY Slip Op 52409(U))The provider's billing affidavit failed to establish overdue claims or timely denials that were legally deficient.
- LOF Med. Supply, Inc. v GEICO Gen. Ins. Co. (2013 NY Slip Op 51035(U))The provider's motion for summary judgment on its assigned no-fault claims was granted on appeal.
- A.B. Med., PLLC v GEICO (2013 NY Slip Op 50203(U))The provider failed to establish that the insurer's denials were untimely or without merit as a matter of law.
- S & R Med., P.C. v GEICO Gen. Ins. Co. (2016 NY Slip Op 51013(U))The provider's request for findings limiting the issues for trial under CPLR 3212 (g) was declined on appeal.
- Medical Care G.M., P.C. v GEICO Ins. (2008 NY Slip Op 50379(U))The providers' summary judgment motion was granted because the insurer failed to support a founded belief of noncoverage with admissible evidence.