Legal Opinion
V.S. Medical Services, P.C. v. Allstate Insurance
Civil Court of the City of New York
Decided January 3, 2006PublishedCited by 4 opinions
1Opinion of the Court
*335OPINION OF THE COURT
Arlene P. Bluth, J.
When defending a claim for first-party no-fault benefits, an insurer may raise at any time the defense that the alleged injuries do not arise out of an insured incident. What must the insurer present at trial when asserting that the injuries are the result of an accident staged in furtherance of an insurance fraud scheme? As explained more fully below, this court holds that the term “fraud” as used in that context is a red herring. This is because it does not matter whether the accident was staged in furtherance of an insurance fraud scheme or was…
2Cases cited19 opinions
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
- Mount Sinai Hospital v. Triboro Coach, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
- Roberge v. . BonnerNew York Court of Appeals · 1906
- Metro Medical Diagnostics, P.C. v. Eagle InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- State Farm Mutual Automobile Insurance v. LaguerreAppellate Division of the Supreme Court of the State of New York · 2003
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tahir v. Progressive Casualty InsuranceNew York Supreme Court · 2006
- Lincoln General Insurance v. Alev Medical Supply Inc.New York District Court · 2009
- V.S. Medical Services, P.C. v. Allstate InsuranceAppellate Terms of the Supreme Court of New York · 2009
- Amato v. State Farm InsuranceNew York District Court · 2010