No-Fault Case Law
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.
Vincent Med. Servs., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51747(U))
October 25, 2019
The court considered the appeal of an order of the Civil Court of the City of New York, Kings County, which denied the defendant's motion to dismiss the complaint brought by Vincent Medical Services, P.C. as assignee of Myrthil, Marie J., seeking to recover assigned first-party no-fault benefits from American Independent Ins. Co. The main issue decided was whether the defendant's motion to dismiss the complaint should be granted pursuant to CPLR 3211 (a) (8). The holding of the court was that the order denying the motion to dismiss the complaint was reversed, and the defendant's motion to dismiss the complaint was granted. This decision was made for the reasons stated in a similar case involving Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co. The judges Pesce, Aliotta, and Siegal all concurred with the decision.
Performance Plus Med., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51746(U))
October 25, 2019
The court considered an appeal from an order of the Civil Court that denied the defendant's motion to dismiss the complaint in an action to recover assigned first-party no-fault benefits. The main issue decided was whether the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (8) should be granted. The court reversed the order and granted the defendant's motion to dismiss the complaint, citing another case as precedent. The holding of the case was that the defendant's motion to dismiss the complaint was granted, and the order denying the motion was reversed.
Parisien v American Ind. Ins. Co. (2019 NY Slip Op 51745(U))
October 25, 2019
The court considered a case in which an action was brought by a medical provider to recover assigned first-party no-fault benefits from an insurance company. The insurance company appealed from an order of the Civil Court denying its motion to dismiss the complaint. The main issue decided was whether the motion to dismiss should have been granted pursuant to CPLR 3211 (a) (8). The court held that, based on the reasons stated in a similar case, the order denying the motion to dismiss was reversed, and the insurance company's motion to dismiss the complaint was granted.
Active Care Med. Supply Corp. v American Ind. Ins. Co. (2019 NY Slip Op 51744(U))
October 25, 2019
The relevant facts considered by the court were that Active Care Medical Supply Corp. was seeking to recover assigned first-party no-fault benefits from American Independent Ins. Co. The main issue decided by the court was whether defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (8) should be granted. The holding of the court was 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's decision was based on the reasoning stated in another case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., which was decided in a similar manner.
Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51743(U))
October 25, 2019
The relevant facts considered by the court were that Pierre J. Renelique, M.D., P.C. was seeking to recover first-party no-fault benefits as an assignee of Joseph Gehu, and that the defendant, American Independent Ins. Co., had moved to dismiss the complaint pursuant to CPLR 3211(a)(8). The main issue decided by the court was whether the complaint should be dismissed, and the holding of the case was that the court reversed the order of the Civil Court and granted the defendant's motion to dismiss the complaint. The court referenced a similar case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., to support its decision. The decision was made by the Appellate Term, Second Department in the 2nd, 11th, and 13th Judicial Districts.
Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51742(U))
October 25, 2019
The relevant facts considered by the court were that Pierre J. Renelique, M.D., P.C. was seeking to recover assigned first-party no-fault benefits from American Independent Ins. Co. The main issue decided was whether or not the complaint filed by the provider should be dismissed pursuant to CPLR 3211 (a) (8). The decision of the court was that the order denying defendant's motion to dismiss the complaint was reversed and the defendant's motion to dismiss the complaint was granted. The court's holding was consistent with a previous related case, Pierre J. Renelique, M.D., P.C., as Assignee of Vernizier, Jean Willy v American Ind. Ins. Co., where the same conclusion was reached.
Pierre J. Renelique, M.D., P.C. v American Ind. Ins. Co. (2019 NY Slip Op 51741(U))
October 25, 2019
The relevant facts considered by the court were that the plaintiff, Pierre J. Renelique, M.D., P.C., was seeking to recover first-party no-fault benefits from the defendant, American Independent Insurance Co., as the assignee of Borgella, Emmanuel. The main issue decided by the court was whether the lower court erred in denying the defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(8). The holding of the court was that the order denying the motion to dismiss was reversed, with costs of $30, and the 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 their decision.