Legal Opinion

Stephen Fogel Psychological, P.C. v. Progressive Casualty Insurance

Appellate Terms of the Supreme Court of New York

Decided December 22, 2004PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order modified by deleting the portion of the order which granted plaintiff summary judgment; as so modified, affirmed without costs.

In this action to recover $969.61 in assigned first-party no-fault benefits, defendant insurer denied plaintiff health provider’s claim on the ground that the eligible injured person failed to appear for independent medical examinations (IMEs) which defendant scheduled before plaintiff filed its statutory claim forms. Defendant moved for summary judgment contending that its proof of plaintiff’s assignor’s nonappearance established…

2Cases cited7 opinions

  1. Medical Society v. SerioNew York Court of Appeals · 2003
  2. Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
  3. Ritt v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1992
  4. New York & Presbyterian Hospital v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  5. Hospital for Joint Diseases v. State Farm Mutual Automobile InsuranceAppellate Division of the Supreme Court of the State of New York · 2004

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
  2. Mapfre Ins. Co. of N.Y. v. ManooAppellate Division of the Supreme Court of the State of New York · 2016
  3. A.B. Medical Services PLLC v. Utica Mutual InsuranceAppellate Terms of the Supreme Court of New York · 2005
  4. Inwood Hill Medical v. General Assurance Co.Appellate Terms of the Supreme Court of New York · 2005
  5. A.B. Medical Services, PLLC v. State Farm Mutual Automobile InsuranceCivil Court of the City of New York · 2005

17 more not listed; retrieve them via the Exa API.

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