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Supreme Court agrees with HLG and arbitrator that an untimely submission of claim is a bar to reimbursement

W. Joseph Gorum, M.D., P.C. a/a/o Carlos Taveras v. Lancer Insurance Company

Index No. 607953/2016

Supreme Court: New York – Nassau County

In defense of a petition to vacate a favorable arbitration award, Allan S. Hollander was able to convince the Court the arbitrator’s award should be upheld.  Allan was successful in an arbitration of the underlying claims before the American Arbitration Association. Thereafter, the Applicant sought to vacate the arbitration award by filing an action in the Supreme Court, Nassau County.  The claims were denied on the basis they were untimely submitted.  Specifically, the claims at issue were submitted to Lancer 46 days from the date the medical services were performed.  However, the Regulation requires such claims be submitted within 45 days unless the applicant is able to provide a reasonable excuse for not timely submitting the claims. The Applicant did not offer any excuse for its untimely submission of the claim.  As such, the Court upheld the arbitrator’s award finding that the arbitrator’s decision was not arbitrary or capricious.

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