Cleophas Craigg, D.C. v. Infinity Select Insurance

OPINION OF THE COURT

Memorandum.

Ordered that the judgment is reversed, without costs, and the complaint is dismissed.

At a nonjury trial of this action by a provider to recover assigned first-party no-fault benefits, the parties’ attorneys stipulated that plaintiff had established a prima facie case regarding the submission of his claim in the amount of $1,310.94; that, some time after the receipt of plaintiffs claim, defendant, a Florida insurer, had issued letters rescinding plaintiffs assignor’s insurance policy ab initio on the ground that material misrepresentations had been made during…