Legal Opinion
State Farm Mutual Automobile Insurance v. Mallela
New York Court of Appeals
Decided March 29, 2005PublishedCited by 126 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenblatt, J.
On this certified question from the United States Court of Appeals for the Second Circuit, we are asked whether, under our “no-fault” insurance laws (see Insurance Law § 5101 et seq. and implementing regulations), insurance carriers may withhold payment for medical services provided by fraudulently incorporated enterprises to which patients have assigned their claims. We conclude that they may.
Patients covered by no-fault insurance often assign their claims to their health care providers rather than seek reimbursement from insurance carriers directly (see 11…
2Cases cited2 opinions
- Medical Society v. SerioNew York Court of Appeals · 2003
- New York Public Interest Research Group, Inc. v. New York State Department of InsuranceNew York Court of Appeals · 1985
3Cited by126 opinions
- Pommells v. PerezNew York Court of Appeals · 2005
- Allstate Insurance v. ElzanatyDistrict Court, E.D. New York · 2013
- Allstate Insurance. v. LyonsDistrict Court, E.D. New York · 2012
- State Farm Mutual Automobile Insurance v. CPT Medical Services, P.C.District Court, E.D. New York · 2007
- Liberty Mutual Insurance v. Excel Imaging, P.C.District Court, E.D. New York · 2012
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