MATTER OF GLOBAL LIBERTY INSURANCE CO. v. THERAPEUTIC PHYSICAL THERAPY, P.C.

3412N.

148 A.D.3d 502 (2017)

2017 NY Slip Op 01833

49 N.Y.S.3d 411

In the Matter of GLOBAL LIBERTY INSURANCE CO., Appellant, v. THERAPEUTIC PHYSICAL THERAPY, P.C., as Assignee of Bernardo Hidalgo, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 15, 2017.


Respondent sought recovery for physical therapy services provided to its assignor before April 1, 2013, and petitioner insurer disclaimed parts of the claim on the ground that it had already reimbursed a different provider for "eight units" for services on some of the same dates. Respondent checked the box on the prescribed disclaimer form indicating that it was relying on a "fee schedule" defense, specifically the "eight unit rule." The lower arbitrator held that respondent...

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