Legal Opinion

CityWide Social Work & Psychological Services, P.L.L.C. v. Travelers Indemnity Co.

Civil Court of the City of New York

Decided February 11, 2004PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Jack M. Battaglia, J.

*609A no-fault insurer defending a denial of first-party benefits on the ground that the billed-for services were not “medically necessary” must at least show that the services were inconsistent with generally accepted medical/professional practice. The opinion of the insurer’s expert, standing alone, is insufficient to carry the insurer’s burden of proving that the services were not “medically necessary.”

CityWide Social Work & Psychological Services, P.L.L.C. billed Travelers Indemnity Company a total of $1,181.63 for psychiatric/psychological services…

2Cases cited27 opinions

  1. Toth v. Community HospitalNew York Court of Appeals · 1968
  2. Oberly v. Bangs Ambulance, Inc.New York Court of Appeals · 2001
  3. Nestorowich v. RicottaNew York Court of Appeals · 2002
  4. Quaglio v. TomaselliAppellate Division of the Supreme Court of the State of New York · 1984
  5. Sellitto v. CaseyAppellate Division of the Supreme Court of the State of New York · 2000

22 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Nir v. Allstate InsuranceCivil Court of the City of New York · 2005
  2. Tahir v. Progressive Casualty InsuranceNew York Supreme Court · 2006
  3. Amato v. State Farm InsuranceNew York District Court · 2010
  4. Forest Rehabilitation Medicine PC v. Allstate InsuranceCivil Court of the City of New York · 2014
  5. Total Equipment, LLC v. Praetorian InsuranceNassau County District Court · 2011

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