June 6, 2016

White Plains Med. Care, P.C. v Praetorian Ins. Co. (2016 NY Slip Op 50913(U))

Headnote

The court considered a provider's attempt to recover assigned first-party no-fault benefits from an insurance company. The insurance company had denied the claims based on the failure of the provider's assignors to appear for independent medical examinations. The main issue decided was whether the denial of the claims by the insurance company was justified due to the assignors' failure to attend the scheduled examinations. The holding was that the insurance company's motion for summary judgment dismissing the complaint was granted, reversing the Civil Court's decision. The court concluded that the insurance company was justified in denying the claims based on the assignors' failure to attend the scheduled medical examinations.

Reported in New York Official Reports at White Plains Med. Care, P.C. v Praetorian Ins. Co. (2016 NY Slip Op 50913(U))

White Plains Med. Care, P.C. v Praetorian Ins. Co. (2016 NY Slip Op 50913(U)) [*1]

White Plains Med. Care, P.C. v Praetorian Ins. Co.

2016 NY Slip Op 50913(U) [52 Misc 3d 127(A)]

Decided on June 6, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 6, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1847 K C

White Plains Medical Care, P.C., as Assignee of CARL THOMAS, TIFFANY ROSE, ORLANDO MARRIOTT and STEPHANIE ROLDAN, Respondent,
against
Praetorian Ins. Co., Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Harriet L. Thompson, J.), entered June 21, 2013. The order, insofar as appealed from and as limited by the brief, denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order, insofar as appealed from, 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 moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claims at issue based on the failure of plaintiff’s assignors to appear for duly scheduled independent medical examinations (IMEs). The Civil Court denied defendant’s motion but, in effect, limited the issues for trial, pursuant to CPLR 3212 (g), to whether plaintiff’s assignors had failed to appear for duly scheduled IMEs. As limited by its brief, defendant appeals from so much of the order as denied its motion.

For the reasons stated in Longevity Med. Supply, Inc., as Assignee of Rose Sherlock v Praetorian Ins. Co. (___ Misc 3d ___, 2016 NY Slip Op ___ [appeal No. 2013-2143 K C], decided herewith), the order, insofar as appealed from, is reversed, and defendant’s motion for summary judgment dismissing the complaint is granted.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: June 06, 2016