No-Fault Case Law
Active Care Med. Supply Corp. v American Ind. Ins. Co. (2019 NY Slip Op 51758(U))
October 25, 2019
The court considered an appeal from an order of the Civil Court of the City of New York, Kings County, which had granted defendant's motion to dismiss the complaint of Active Care Medical Supply Corp. as the assignee of Phanord, Jonas, seeking to recover first-party no-fault benefits.
The main issue decided was whether to affirm the lower court's order granting the defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(8).
The holding of the case was that the order of the Civil Court was affirmed, with $25 costs. This decision was based on the reasons stated in a related case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v. American Ind. Ins. Co., which was decided herewith. P.J., ALIOTTA, and SIEGAL, JJ., all concurred with this decision.
Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51756(U))
October 25, 2019
The court considered a motion to dismiss the complaint by the defendant in a case where a provider was seeking to recover assigned first-party no-fault benefits. The main issue decided was whether the complaint should be dismissed pursuant to CPLR 3211(a)(8). The holding of the court was that the order granting the defendant's motion to dismiss the complaint was affirmed. This decision was based on the reasoning stated in a similar case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., which was decided concurrently. Ultimately, the court upheld the decision to dismiss the complaint, affirming the order in favor of the defendant.
Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51755(U))
October 25, 2019
The relevant facts considered by the court were that Pierre J. Renelique, M.D., P.C., as assignee of Theodore, Murat, was seeking to recover assigned first-party no-fault benefits from American Independent Insurance Company. The main issue decided was whether the complaint should be dismissed pursuant to CPLR 3211 (a) (8). The holding of the court was that the order granting the defendant's motion to dismiss the complaint was affirmed. This decision was based on the reasons stated in a similar case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. The order was affirmed by the Appellate Term, Second Department.
Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51754(U))
October 25, 2019
The case involved an appeal from a provider seeking to recover first-party no-fault benefits from an insurance company. The provider, Pierre J. Renelique, M.D., P.C., appealed from an order of the Civil Court that granted the insurance company's motion to dismiss the complaint. The main issue in the case was whether the provider's complaint should be dismissed pursuant to CPLR 3211 (a) (8). The court considered the reasons stated in a similar case and affirmed the order granting the insurance company's motion to dismiss the complaint. The holding of the case was that the order granting the insurance company's motion to dismiss the complaint was affirmed.
Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51753(U))
October 25, 2019
The court considered an appeal from an order of the Civil Court of the City of New York, Kings County, granting defendant's motion to dismiss the complaint in an action by a provider to recover assigned first-party no-fault benefits. The main issue decided was whether the complaint should be dismissed pursuant to CPLR 3211 (a) (8). The holding of the case was that, for the reasons stated in a similar case of Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., the order to dismiss the complaint was affirmed by the court. The decision was made by the Appellate Term, Second Department, with a unanimous concurrence by the judges.
Ocean View Med. Care, P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51752(U))
October 25, 2019
The court considered an appeal from a provider to recover assigned first-party no-fault benefits, with the defendant appealing from an order of the Civil Court denying their motion to dismiss the complaint. The main issue decided was whether the provider would be entitled to recover assigned first-party no-fault benefits from the defendant. The holding of the case was that the order denying the defendant's motion to dismiss the complaint was reversed, and the defendant's motion to dismiss the complaint was granted. Therefore, the provider was not entitled to recover assigned first-party no-fault benefits from the defendant.
Parisien v American Ind. Ins. Co. (2019 NY Slip Op 51751(U))
October 25, 2019
The relevant facts considered in this case were that Jules Francois Parisien, M.D. was seeking to recover assigned first-party no-fault benefits from American Independent Ins. Co. The main issue was whether the complaint should be dismissed pursuant to CPLR 3211 (a) (8). The court held that the order denying defendant's motion to dismiss the complaint was reversed, and defendant's motion to dismiss the complaint was granted. The court referenced a similar case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., in reaching its decision.
Vincent Med. Servs., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51750(U))
October 25, 2019
The relevant facts the court considered were that Vincent Medical Services, P.C. was seeking to recover assigned first-party no-fault benefits from American Independent Insurance Company. American Independent Insurance Company filed a motion to dismiss the complaint. The main issue decided by the court was whether the complaint should be dismissed pursuant to CPLR 3211 (a) (8). The holding of the court was that the order denying the defendant's motion to dismiss the complaint was reversed, and the defendant's motion to dismiss the complaint was granted. The decision was based on a similar case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., which is not included in the provided text.
Vincent Med. Servs., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51749(U))
October 25, 2019
The court considered an appeal from an order of the Civil Court which denied the defendant's motion to dismiss the complaint. The main issue in the case was whether the complaint, brought by a provider to recover assigned first-party no-fault benefits, should be dismissed. The court ultimately held that the order denying the defendant's motion to dismiss the complaint was reversed and granted the defendant's motion to dismiss the complaint. This decision was made based on the reasons stated in a separate case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. The decision was made by Presiding Justice Michael L. Pesce, Justice Thomas P. Aliotta, and Justice Bernice D. Siegal.
Vincent Med. Servs., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51748(U))
October 25, 2019
The court considered a motion to dismiss a complaint brought by Vincent Medical Services, P.C., as Assignee of Pierre, Jean Louis, against American Independent Ins. Co. to recover assigned first-party no-fault benefits. The main issue decided was whether the complaint should be dismissed pursuant to CPLR 3211 (a) (8). The holding of the court was that the order denying the defendant's motion to dismiss the complaint was reversed, and the defendant's motion to dismiss the complaint was granted. This decision was based on the reasoning stated in a similar case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., where the order to deny the motion to dismiss the complaint was also reversed. The decision was made on October 25, 2019 by the Appellate Term, Second Department in New York.