Nationwide v. PFJ Medical Care, P.C. and FJL Medical Care, P.C.
Index Nos. 2017EF1843 and 2017EF2166
New York State Supreme Court – Appellate Division, Fourth Department
Nationwide Affinity Insurance Company of American v. Jamaica Wellness Medical, P.C.
Index No. 2017EF200
New York State Supreme Court – Appellate Division, Fourth Department
HLG Successful on Appeals – Convinces Court to Hear (and grant) Insurer’s “Successive” and Renewed Motions for Summary Judgment. Through their efforts, HLG validated the client’s disclaimer of more than $95,000 in outstanding claims.
In these declaratory actions, Nationwide was successful in proving sufficiency of their claims practices regarding the in take of claims and the issuance of denials. The Appellate Division, Fourth Department on decisions issued on the same day held that Nationwide proved that it timely noticed EUOs with regard to the subject claims, proved that the defendants did not appear at their duly scheduled EUOs, and that the claims were timely denied. The Appellate Division further held “mere hope or speculation” that further discovery would lead to evidence sufficient to defeat the summary judgment was insufficient to deny the motions for summary judgment.
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