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Legal Opinion

Nyack Hospital v. General Motors Acceptance Corp.

New York Court of Appeals

Decided March 22, 2007PublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

We are asked in this no-fault action to decide whether an *296insurer that is waiting for information to verify a pending claim that causes aggregate claims to exceed $50,000 is prohibited by the priority-of-payment regulation (11 NYCRR 65-3.15) from paying already verified claims in the meantime. For the reasons that follow, we conclude that the priority-of-payment regulation does not preclude these payments.

I

From July 15, 2003 to August 6, 2003, plaintiff Nyack Hospital (the hospital) treated Allen Zadwdyas (the patient) for multiple significant traumatic injuries…

2Cases cited2 opinions

  1. Medical Society v. SerioNew York Court of Appeals · 2003
  2. Nyack Hospital v. General Motors Acceptance Corp.Appellate Division of the Supreme Court of the State of New York · 2005

3Cited by32 opinions

  1. Hospital for Joint Diseases v. Travelers Property Casualty InsuranceNew York Court of Appeals · 2007
  2. Allstate Insurance v. ElzanatyDistrict Court, E.D. New York · 2013
  3. New York & Presbyterian Hospital v. Countrywide InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
  4. Westchester Medical Center v. Hartford Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  5. Alleviation Medical Services, P.C. v. Allstate Insurance Co.Appellate Terms of the Supreme Court of New York · 2017

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