Ocean Diagnostic Imaging P.C. v. State Farm Mutual Automobile Insurance

OPINION OF THE COURT

Eileen N. Nadelson, J.

*564Plaintiff, a medical provider that is seeking first-party benefits pursuant to New York’s No-Fault Insurance Law, has moved for summary judgment based on defendant insurer’s failure to pay or deny plaintiffs claim within the statutory 30-day period following submission of said claim .

Defendant is opposing the motion for summary judgment by asserting that it is not subject to the provisions of 11 NYCRR 65-3.4 because plaintiffs assignor, the person allegedly injured in the motor vehicle accident, failed to submit to several requests for an examination…