Legal Opinion
Vinings Spinal Diagnostic, P. C. v. Liberty Mutual Insurance
Nassau County District Court
Decided October 10, 2000PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Kenneth L. Gartner, J.
The instant motion presents a novel legal issue of potential significance to the no-fault insurance system. This issue arises *288as part of a logical progression which commenced with the Court of Appeals decision in Presbyterian Hosp. v Maryland Cas. Co. (90 NY2d 274 [1997]). The issue is: where an insurer, by reason of its untimely denial of a claim for no-fault benefits, is precluded by Presbyterian Hosp. from asserting any defenses in a subsequent litigation brought to obtain those benefits, may it nevertheless challenge the adequacy of the plaintiffs…
2Cases cited10 opinions
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- 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
- Green v. Dolphy Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Dyno v. RoseAppellate Division of the Supreme Court of the State of New York · 1999
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fifth Avenue Pain Control Center v. Allstate InsuranceCivil Court of the City of New York · 2003
- Park Radiology P.C. v. Allstate InsuranceCivil Court of the City of New York · 2003
- MZ Dental, P.C. v. Progressive Northeastern Ins.Suffolk County District Court · 2004
- Pradip Das/N.Y. Medical Rehab P.C. v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2002
- Liberty Queens Medical, P. C. v. Tri-State Consumer InsuranceNassau County District Court · 2001
2 more not listed; retrieve them via the Exa API.