Schulman v. Group Health Inc.

OPINION OF THE COURT

Judgment, entered on or about September 7, 2004, affirmed, without costs.

Defendant insurer’s primary contention on appeal, i.e., that this small claims action for reimbursement of medical expenses is precluded by Insurance Law § 4914 (b) (4) (A) (iv) is without merit. That same argument was raised and expressly rejected by the Appellate Division, Fourth Department, in Nenno v Blue Cross & Blue Shield of W.N.Y. (303 AD2d 930, 932 [2003], rearg denied 306 AD2d 960 [2003]), a decision binding on this court (see Mountain View Coach Lines v Storms, 102 AD2d 663 [1984]).…