Legal Opinion
Hempstead Regional Chiropractic, PC v. Allstate Insurance
Nassau County District Court
Decided September 8, 2014Published
1Opinion of the Court
OPINION OF THE COURT
Fred J. Hirsh, J.
Defendant moves for summary judgment in this action to recover first-party no-fault benefits.
Background
This motion raises the issue of whether a no-fault carrier that has previously denied the eligible injured party (EIP) all further no-fault benefits based upon an independent medical examination (IME) can request the EIP appear for an examination under oath (EUO) when a medical provider submits claims for payment of no-fault benefits for medical treatment provided after the IME cutoff.
Cecilio Pablo-Rodriguez was injured in a motor vehicle accident that…
2Cases cited5 opinions
- Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Unitrin Advantage Insurance v. Bayshore Physical Therapy, PLLCAppellate Division of the Supreme Court of the State of New York · 2011
- Westchester Medical Center v. Lincoln General InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
- Victory Medical Diagnostics, P.C. v. Nationwide Property & Casualty InsuranceNassau County District Court · 2012
- Promed Durable Equipment, Inc. v. GEICO InsuranceAppellate Terms of the Supreme Court of New York · 2013