Fair Price Medical Supply Corp. v. Travelers Indemnity Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Prudenti, P.J.
The question presented on this appeal is whether an insurance carrier is precluded from interposing a defense in an action to recover assigned first-party no-fault benefits if it fails to pay or deny the claim within 30 days, where it has reason to believe that the claim fraudulently seeks reimbursement for medical supplies that were never delivered to the insured. Because the carrier’s proposed defense in this case is not based on a lack of insurance coverage, this question must be answered in the affirmative.
The insured, Cesar Nivelo, allegedly was injured…
2Cases cited11 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Medical Society v. SerioNew York Court of Appeals · 2003
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
- Worcester Insurance v. BettenhauserNew York Court of Appeals · 2000
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- FAIR PRICE MED. v. TravelersNew York Court of Appeals · 2008
- Allstate Insurance v. MunCourt of Appeals for the Second Circuit · 2014
- Globe Surgical Supply v. GEICO InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
- State Farm Mutual Automobile Insurance v. James M. Liguori, M.D., P.C.District Court, E.D. New York · 2008
- Delta Diagnostic Radiology, P.C. v. Chubb Group of InsuranceAppellate Terms of the Supreme Court of New York · 2007
9 more not listed; retrieve them via the Exa API.