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MERIDIAN ACUPUNCTURE CARE v. GEICO INSURANCE COMPANY

31 A.D.3d 509 (2006)

818 N.Y.S.2d 564

MERIDIAN ACUPUNCTURE CARE, Appellant, v. GEICO INSURANCE COMPANY, Respondent.

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

July 11, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint for failure to state a cause of action (see CPLR 3211 [a] [7]). The plaintiff's claims are based on the erroneous proposition that New York Insurance Department regulation 68 (11 NYCRR part 65) requires the defendant to use only physicians licensed as acupuncturists to conduct independent medical examinations of patients who have received acupuncture treatment...

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