Legal Opinion

Foster Diagnostic Imaging v. General Assurance Co.

Civil Court of the City of New York

Decided October 17, 2005Published

1Opinion of the Court

*429OPINION OF THE COURT

Jack M. Battaglia, J.

These two actions for first-party no-fault benefits raise similar issues arising from the insurer’s denial of the claims because of the respective assignors’ failure to appear for preclaim medical examinations. In action No. 1, Foster Diagnostic Imaging, EC. seeks payment of a bill for $902.28 for an MRI of the cervical spine of its assignor, Correna Cosine. In action No. 2, Ocean Transportation, Inc. seeks payment of a bill for $550 for transportation rendered to its assignor, Bryan Woodriffe. Defendant General Assurance Company refused to pay either…

2Cases cited14 opinions

  1. People v. CratsleyNew York Court of Appeals · 1995
  2. Wilson v. BodianAppellate Division of the Supreme Court of the State of New York · 1987
  3. People v. DiSalvoAppellate Division of the Supreme Court of the State of New York · 2001
  4. Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Terms of the Supreme Court of New York · 2004
  5. Plymouth Rock Fuel Corp. v. Leucadia, Inc.Appellate Division of the Supreme Court of the State of New York · 1986

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