Legal Opinion

Elmont Open MRI & Diagnostic Radiology, P.C. v. New York Central Mutual Fire Insurance

Nassau County District Court

Decided August 17, 2012PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Fred J. Hirsh, J.

Defendant New York Central Mutual Fire Insurance Company (NYCMFIC) moves for summary judgment dismissing this action to obtain payment of first-party no-fault benefits on the ground the action is premature because defendant’s time to pay or deny the claim has not run because plaintiff Elmont Open MRI & Diagnostic Radiology, PC. failed to respond to defendant’s verification requests.

Background

Abdelghani Kinane sustained injuries in a motor vehicle accident that occurred on June 8, 2008.

On August 27, 2008, Elmont performed a brain MRI on Kinane. Kinane…

2Cases cited16 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. St. Vincent's Hospital v. Government Employees InsuranceAppellate Division of the Supreme Court of the State of New York · 2008
  3. Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
  4. FAIR PRICE MED. v. TravelersNew York Court of Appeals · 2008
  5. Kingsbrook Jewish Medical Center v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by1 opinion

  1. Cross v. State Farm InsuranceDistrict Court, N.D. New York · 2013

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