Legal Opinion
Dynamic Medical Imaging, P.C. v. State Farm Mutual Automobile Insurance
New York District Court
Decided July 15, 2010PublishedCited by 2 opinions
1Opinion of the Court
*279OPINION OF THE COURT
Fred J. Hirsh, J.
The defendant moves for summary judgment.
Background
This action raises the issue of whether an insurer can obtain documentary material relating to a potential Mallela defense in a demand for an examination under oath (EUO).
Staffa Pasqualino was injured in a motor vehicle accident on July 15, 2007. Richard Amato, D.C., Staffa’s treating chiropractor, referred Staffa for a lumbar and cervical MRI and 3-D renderings that were performed at Dynamic Medical Imaging, EC. on August 24, 2007.
Staffa assigned his right to receive no-fault benefits for these tests to…
2Cases cited16 opinions
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Medical Society v. SerioNew York Court of Appeals · 2003
- State Farm Mutual Automobile Insurance v. MallelaNew York Court of Appeals · 2005
- Hospital for Joint Diseases v. Travelers Property Casualty InsuranceNew York Court of Appeals · 2007
- FAIR PRICE MED. v. TravelersNew York Court of Appeals · 2008
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State Farm Mutual Automobile Insurance v. RabinerDistrict Court, E.D. New York · 2010
- Andrew Carothers, M.D., P.C. v. Progressive Insurance Co.Appellate Division of the Supreme Court of the State of New York · 2017