Legal Opinion
V.S. Medical Services, P.C. v. Allstate Insurance
Appellate Terms of the Supreme Court of New York
Decided July 20, 2009PublishedCited by 1 opinion
1Opinion of the Court
*40OPINION OF THE COURT
Memorandum.
Judgment affirmed without costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant argued at trial that there was no coverage for plaintiffs assignor’s alleged injuries because the injuries, were not sustained in a covered accident. Following the nonjury trial, the Civil Court dismissed the complaint, finding that defendant had sustained its burden of proving lack of coverage by a preponderance of the evidence. On appeal, plaintiff contends that defendant had to prove, by clear and convincing evidence, rather than by a mere…
2Cases cited8 opinions
- FAIR PRICE MED. v. TravelersNew York Court of Appeals · 2008
- Hutt v. Lumbermens Mutual Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1983
- State Farm Mutual Automobile Insurance v. LaguerreAppellate Division of the Supreme Court of the State of New York · 2003
- Praimnath v. TorresAppellate Division of the Supreme Court of the State of New York · 2009
- Fair Price Medical Supply Corp. v. Travelers Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 2007
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3Cited by1 opinion
- Radiology Today, P.C. v. GEICO General InsuranceAppellate Terms of the Supreme Court of New York · 2011