Legal Opinion

All Boro Psychological Services, P.C. v. GEICO General Insurance

Civil Court of the City of New York

Decided October 23, 2012PublishedCited by 1 opinion

1Opinion of the Court

*269OPINION OF THE COURT

Katherine A. Levine, J.

This matter* was submitted on the unresolved issue of whether interest begins to accrue in no-fault actions at the time of filing or service of the summons and complaint, and whether the tolling of interest provisions contained in the regulations of the Superintendent of Insurance impact this determination. Here, plaintiff failed to commence the lawsuit within 30 days after receipt of defendant’s denial of claim form or payment of benefits, hence triggering the tolling of interest provisions.

Central to this determination is whether section 412 of the…

2Cases cited8 opinions

  1. Hospital for Joint Diseases v. Travelers Property Casualty InsuranceNew York Court of Appeals · 2007
  2. New York Life Insurance v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1981
  3. LMK Psychological Services, P.C. v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2009
  4. In re Jude F.Appellate Division of the Supreme Court of the State of New York · 2002
  5. In re the Arbitration between Government Employees Insurance & LombinoAppellate Division of the Supreme Court of the State of New York · 1977

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3Cited by1 opinion

  1. Sky Medical Supply Inc. v. Elrac Inc.Civil Court of the City of New York · 2014

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