Nationwide Mutual Insurance Company v. HMP Orthropedics, P.C. A/A/O Christopher Jackson

Index No. 152622/2016

Supreme Court: New York – New York County

After receiving unfavorable decisions at arbitration and master review, Allan S. Hollander and Brian E. Kaufman secured a favorable decision upon de novo review in the Supreme Court. Both the lower and master arbitrators held the claim was improperly denied on the basis of EUO no-show where the EUO notice was sent to an improper address of a claimant (although it was sent to the address listed on the claimant’s No-Fault application) and to his attorney. However, after oral arguments in the de novo action, the Judge held the denial was proper as the EUO scheduling letters were sent to the claimant’s attorney.  The claims of the medical provider were subsequently dismissed by the Court.

»View Summary Judgment Order