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A & S MEDICAL P.C. v. ALLSTATE INSURANCE COMPANY

15 A.D.3d 170 (2005)

789 N.Y.S.2d 27

A & S MEDICAL P.C., as Assignee of REYNA MARTINEZ, Respondent, v. ALLSTATE INSURANCE COMPANY, Appellant.

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

February 1, 2005.

Plaintiff submitted a claim to defendant for orthopedic services it provided to its assignor from November 4, 1998 to February 8, 1999. More than 30 days later, and after plaintiff had commenced the instant action alleging that defendant had neither paid nor denied the claim within 30 days as required by Insurance Law § 5106 (a) and 11 NYCRR 65.15 (g) (3), defendant rejected a portion of the claim, explaining that it had previously...

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