Supreme Court granted the motion, declared, among other things, that defendant breached a condition precedent to coverage by failing to appear at the scheduled EUOs, and determined that the Nationwide plaintiffs therefore had the right to deny all claims retroactively to the date of loss, regardless of whether they had issued timely denials. The Nationwide plaintiffs then moved for summary judgment declaring that, as a result of such breach, they were under no obligation to pay or reimburse any of the subject claims. The Nationwide plaintiffs commenced this declaratory judgment action after defendant failed to appear at repeatedly requested examinations under oath (EUOs), alleging that defendant had breached a material condition precedent necessary to coverage. Defendant submitted bills for the services it purportedly rendered, along with the assignment of benefit forms, to the insurance carrier plaintiffs (Nationwide plaintiffs) seeking reimbursement pursuant to the No-Fault Law and regulations (see Insurance Law art 51 11 NYCRR part 65). v Jamaica Wellness Med., P.C., 167 AD3d 192 ), defendant is a medical professional corporation that was assigned claims for no-fault benefits by individuals who purportedly received treatment for injuries allegedly sustained in motor vehicle accidents. Memorandum: As we explained in a prior appeal (Nationwide Affinity Ins. It is ADJUDGED and DECLARED that plaintiffs are under no obligation to pay or reimburse any of the subject claims. ![]() It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, the cross motion is dismissed, and judgment is granted in favor of plaintiffs as follows: The order denied plaintiffs' motion for summary judgment and granted in part defendant's cross motion to compel discovery. KOPELEVICH & FELDSHEROVA, P.C., BROOKLYN (DAVID LANDFAIR OF COUNSEL), FOR DEFENDANT-RESPONDENT.Īppeal from an order of the Supreme Court, Onondaga County (Donald A. HOLLANDER OF COUNSEL), FOR PLAINTIFFS-APPELLANTS. HOLLANDER LEGAL GROUP, P.C., MELVILLE (ALLAN S. JAMAICA WELLNESS MEDICAL, P.C., DEFENDANT-RESPONDENT. ![]() NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, NATIONWIDE GENERAL INSURANCE COMPANY, NATIONWIDE INSURANCE COMPANY OF AMERICA, NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, NATIONWIDE MUTUAL INSURANCE COMPANY, NATIONWIDE ASSURANCE COMPANY, NATIONWIDE PROPERTY & CASUALTY, TITAN INDEMNITY COMPANY, VICTORIA FIRE & CASUALTY COMPANY AND VICTORIA AUTOMOBILE INSURANCE COMPANY, PLAINTIFFS-APPELLANTS, PRESENT: WHALEN, P.J., PERADOTTO, TROUTMAN, AND BANNISTER, JJ. This opinion is uncorrected and subject to revision before publication in the Official Reports.Īppellate Division, Fourth Judicial Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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