Legal Opinion

Surgicare Surgical Associates v. National Interstate Ins.

Appellate Terms of the Supreme Court of New York

Decided October 8, 2015PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order, entered November 17, 2014, affirmed, with $10 costs.

This first-party no-fault action arises from health services rendered by plaintiff provider at its New Jersey location. Plaintiff billed $10,800 for the services (associated with arthroscopic knee surgery), but defendant insurer paid only $5,996.67 on the claim, an amount in accordance with the New Jersey fee schedule. In this action, plaintiff, in effect, seeks the ($4,803.33) difference between the amount charged and payment made by defendant pursuant to the aforementioned fee schedule.

Insurance Department…

3Cases cited5 opinions

  1. Medical Society v. SerioNew York Court of Appeals · 2003
  2. Hospital for Joint Diseases v. Travelers Property Casualty InsuranceNew York Court of Appeals · 2007
  3. Goldberg v. CorcoranAppellate Division of the Supreme Court of the State of New York · 1989
  4. LMK Psychological Services, P.C. v. State Farm Mutual Automobile InsuranceNew York Court of Appeals · 2009
  5. Surgicare Surgical v. National Interstate InsuranceCivil Court of the City of New York · 2014

4Cited by3 opinions

  1. Matter of Global Liberty Ins. Co. v. Therapeutic Physical Therapy, P.C.Appellate Division of the Supreme Court of the State of New York · 2017
  2. East Coast Acupuncture, P.C. v. Hereford InsuranceCivil Court of the City of New York · 2016
  3. Z. M. S. & Y Acupuncture, P.C. v. GEICO Gen. Ins. Co.Appellate Terms of the Supreme Court of New York · 2017

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