No-Fault Case Law
Pravel, Inc. v American Ind. Ins. Co. (2019 NY Slip Op 50644(U))
April 26, 2019
The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's assigned no-fault complaint. It relied on the reasons stated in Pavlova v American Ind. Ins. Co..
Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 50643(U))
April 26, 2019
The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's assigned no-fault complaint. It relied on the reasons stated in Pavlova v American Ind. Ins. Co..
JCC Med., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 50642(U))
April 26, 2019
The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's assigned no-fault complaint. It relied on the reasons stated in Pavlova v American Ind. Ins. Co..
Charles Deng Acupuncture, P.C. v Nationwide Ins. (2019 NY Slip Op 50641(U))
April 26, 2019
The insurer failed to establish mailing of the cancellation notice required to terminate the Pennsylvania policy before the accident. Its underwriting analyst asserted mailing in accordance with office practices without describing them. Evidence of claims-processing mailing procedures did not establish procedures for cancellation correspondence, leaving compliance with 31 Pa. Code § 61.5 unproved. The Appellate Term, Second Department, modified the order to deny the insurer's cross motion for summary judgment dismissing the provider's assigned no-fault claim. It affirmed denial of the provider's motion because the provider failed to establish that the claim was denied outside the 30-day period or that a timely denial was conclusory, vague, or legally meritless.
GL Acupuncture, P.C. v American Ind. Ins. Co. (2019 NY Slip Op 50640(U))
April 26, 2019
The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's assigned no-fault complaint. It relied on the reasons stated in Pavlova v American Ind. Ins. Co..
Gentlecare Ambulatory Anesthesia Servs. v American Ind. Ins. Co. (2019 NY Slip Op 50639(U))
April 26, 2019
The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's assigned no-fault complaint. It relied on the reasons stated in Pavlova v American Ind. Ins. Co..
Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 50638(U))
April 26, 2019
The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's assigned no-fault complaint. It relied on the reasons stated in Pavlova v American Ind. Ins. Co..
Gentlecare Ambulatory Anesthesia Servs. v American Ind. Ins. Co. (2019 NY Slip Op 50637(U))
April 26, 2019
The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's assigned no-fault complaint. It relied on the reasons stated in Pavlova v American Ind. Ins. Co..
Gentlecare Ambulatory Anesthesia Servs. v American Ind. Ins. Co. (2019 NY Slip Op 50636(U))
April 26, 2019
The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's assigned no-fault complaint. It relied on the reasons stated in Pavlova v American Ind. Ins. Co..
Gentlecare Ambulatory Anesthesia Servs. v American Ind. Ins. Co. (2019 NY Slip Op 50635(U))
April 26, 2019
The insurer's motion to dismiss for lack of personal jurisdiction under CPLR 3211 (a) (8) was granted on appeal. The Appellate Term, Second Department, reversed the order, insofar as appealed from, and dismissed the provider's assigned no-fault complaint. It relied on the reasons stated in Pavlova v American Ind. Ins. Co..