Appellate Term, Second Department

4,051 no-fault decisions in our database, 2003–2026, each with a short summary. Most recent: June 17, 2026.

Decisions per year
  1. 13
  2. 79
  3. 109
  4. 155
  5. 205
  6. 161
  7. 169
  8. 190
  9. 213
  10. 282
  11. 195
  12. 179
  13. 231
  14. 309
  15. 401
  16. 235
  17. 368
  18. 133
  19. 105
  20. 158
  21. 27
  22. 31
  23. 57
  24. 46

Latest decisions

Appellate Term, Second Department Jun 17, 2026 2026 NY Slip Op 51306(U) Split result

New Image Chiropractic, P.C. v Kemper Ins. Co.

The insurer's preclusion defense failed because it did not establish its identity with the insurer that obtained the default declaratory judgment. The Appellate Term, Second Department, modified the order, as amended and insofar as appealed from, to deny the provider's cross motion and strike the finding of timely bill mailing, while affirming denial of the insurer's motion. Res judicata did not apply because the insurers' identity and differing claim numbers remained unexplained. Collateral estoppel did not apply because the provider never appeared in the declaratory judgment action. The provider supplied no address evidence establishing the named insurer's receipt of the claim forms under Insurance Law § 5106 (a), and a factual issue remained as to whether it insured the accident.

Appellate Term, Second Department Jun 17, 2026 2026 NY Slip Op 51309(U) Insurer prevailed

One RX Chemist, Inc. v Nationwide Mut. Ins. Co.

The provider failed to raise a triable issue about the reasonableness of the insurer's EUO request. The insurer's timely mailing of the initial and follow-up scheduling letters, the provider's failure to appear for three scheduled EUOs, and the timely denial after the last nonappearance were undisputed. The Appellate Term, Second Department, concluded that the Civil Court erred in finding an issue of fact concerning the request's reasonableness. The scheduling letters and a response letter provided the basis for the request, and the provider failed to raise a triable issue in response to the insurer's prima facie showing. The appellate court reversed the order, insofar as appealed from, and granted the insurer summary judgment dismissing the complaint.

Appellate Term, Second Department Jun 12, 2026 2026 NY Slip Op 51298(U) Provider prevailed

Big Apple Med. Group Corp. v MVAIC

MVAIC failed to establish that the vehicle carrying the assignor was insured at the time of the accident. In the provider's action for assigned no-fault benefits, MVAIC sought summary judgment on the ground that the vehicle had insurance coverage. Its certified New Jersey motor vehicle abstract showed insurance at registration, but did not establish coverage for the accident two months later. The police accident report attached to MVAIC's own motion indicated that the vehicle was uninsured at the time of the accident. The Appellate Term, Second Department, affirmed the order, insofar as appealed from, denying MVAIC's motion for summary judgment dismissing the complaint.

Appellate Term, Second Department May 22, 2026 2026 NY Slip Op 50810(U) Provider prevailed

Medtech Med. Supply, Inc. v Allstate Ins. Co.

The insurer's motion to vacate the provider's judgment entered upon a settlement default was denied on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, concerning the judgment entered under CPLR 5003-a (e). It relied on the reasons stated in the companion appeal decided the same day, Paramount Med. Group v Allstate Ins. Co., No. 2025-1319 Q C.

Appellate Term, Second Department May 22, 2026 2026 NY Slip Op 50812(U) Provider prevailed

Paramount Med. Group, P.C. v Allstate Ins. Co.

The insurer failed to establish nonreceipt of settlement documents necessary to vacate the provider's judgment. The provider had obtained judgment under CPLR 5003-a (e) following a default under a settlement of its assigned no-fault claims. The insurer bore the initial burden on its vacatur motion of showing that it had not received a duly executed release or stipulation of discontinuance under CPLR 5003-a (a). Because that showing was not made, the provider did not have to prove tender in opposition. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and denied the branch of the insurer's motion seeking vacatur.

Appellate Term, Second Department May 22, 2026 2026 NY Slip Op 50811(U) Provider prevailed

Metropolitan Med. P.C. v Allstate Ins. Co.

The insurer's motion to vacate the provider's judgment entered on default under a no-fault settlement was denied on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, concerning the CPLR 5003-a (e) judgment for the reasons stated in Paramount Med. Group, P.C. v Allstate Ins. Co., the companion appeal decided the same day, No. 2025-1319 Q C.

Most-cited decisions

By the number of decisions in our database that cite them.

  1. Delta Diagnostic Radiology, P.C. v Chubb Group of Ins. (2007) · cited by 451

    An insurer may prove mailing by describing its standard procedure for properly addressing and mailing items.

  2. Ave T MPC Corp. v Auto One Ins. Co. (2011) · cited by 245

    The provider failed to establish summary judgment entitlement because nonpayment alone did not show an absent or legally insufficient denial.

  3. Dan Med., P.C. v New York Cent. Mut. Fire Ins. Co. (2006) · cited by 231

    The provider failed to establish its prima facie case because its corporate officer did not lay a business-records foundation for the claim documents.

  4. A Khodadadi Radiology, P.C. v NY Cent. Mut. Fire Ins. Co. (2007) · cited by 224

    The insurer's unrebutted peer review established that the provider's MRIs lacked medical necessity.

  5. Amaze Med. Supply v Eagle Ins. Co. (2003) · cited by 223

    A provider's completed claim forms establish its prima facie case without additional medical proof when the insurer is precluded.

  6. Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co. (2007) · cited by 178

    The insurer's unrebutted peer review established that the provider's MRIs lacked medical necessity.

  7. Delta Diagnostic Radiology, P.C. v Integon Natl. Ins. Co. (2009) · cited by 175

    The insurer's examining physician supplied an unrebutted factual basis and medical rationale that the billed MRI was unnecessary.

  8. Pan Chiropractic, P.C. v Mercury Ins. Co. (2009) · cited by 128

    The provider's conclusory disagreement with the insurer's supported peer review failed to raise a medical-necessity issue of fact.

  9. Great Wall Acupuncture, P.C. v Geico Ins. Co. (2009) · cited by 100

    An insurer may use the chiropractic acupuncture fee schedule to reimburse acupuncture services performed by a licensed acupuncturist.

  10. A.B. Med. Servs. PLLC v Lumbermens Mut. Cas. Co. (2004) · cited by 62

    An insurer's timely medical-necessity denial does not replace admissible proof opposing a provider's summary judgment motion.

Later reversed, vacated, modified or overruled 18

Labels assigned by a language model reading the later decision and checked by a second reader.

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Issues decided most often

Timeliness and preclusion 1,131 Provider's prima facie case 738 EUO no-show 590 Discovery and procedure 588 Medical necessity 570 Verification requests 448 IME no-show 380 Defaults and vacatur 272 Fee schedule 263 Policy issues 237 MVAIC 220 Staged accidents, lack of coverage 162

Our classification of each decision, from its summary.

Legal questions

Questions on which decisions of this court rule, with the authority map of each.

Decisions by year

Each year opens that year’s decisions of this court in the search. Every decision is also listed by month under New Decisions.

Headnotes, outcome labels and monthly summaries are our own summaries, not the courts’ words; the decision itself is the authority. Months follow the date a decision was handed down; new decisions are added monthly, so a recent month can still grow.