BRENTWOOD PAIN & REHABILITATION SERV. v. ALLSTATE INS. CO.

No. 06 Civ. 3994(DC).

508 F.Supp.2d 278 (2007)

BRENTWOOD PAIN & REHABILITATION SERVICES, P.C., Hempstead Pain & Medical Services, P.C., and Signature Health Center, LLC, Plaintiffs, v. ALLSTATE INSURANCE COMPANY, AIU Insurance Company, American Transit Insurance Company, Eagle Insurance Company, Halcyon Insurance Company, Liberty Mutual Insurance Company, Lumbermens Mutual Casualty Group, National Grange Mutual Insurance Company, Nationwide Mutual Insurance Company, Progressive Casualty Insurance Company, Progressive Northeastern. Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Specialty Insurance Company, State Farm Mutual Automobile Insurance Company, St. Paul Travelers, and John Doe Insurers 1-100, Defendants.

United States District Court, S.D. New York.

September 14, 2007.


Attorney(s) appearing for the Case

Quadrino & Schwartz, P.C., by Richard J. Quadrino, Garden City, NY, for Plaintiffs Brentwood Pain & Rehabilitation Services, P.C., and Hempstead Pain & Medical Services, P.C.

Hession, Bekoff & Cooper, LLP by Andrew Paul Cooper, Garden City, NY, Stillman & Friedman, P.C., by Paul Schectman, Glen Kopp, New York, NY, for Plaintiff Signature Health Center, LLC.

Conrad O'Brien Gellman & Rohn, P.C. by Robert N. Feltoon, Philadelphia, PA, Short & Billy, P.C. by Skip Short, Cahill, Gordon & Reindel, LLP by Adam Zurofsky, Jason Otto, Kayvan Sadeghi, Lazare Potter Giacovas & Kranjac, LLP by Stephen M. Lazare, Michael Versichelli, Stern & Montana LLP by Robert A. Stern, Shapiro, Beilly, Rosenberg, Aronowitz, Fox, LLP Barry S. Cohen, Sonnenschein Nath & Rosenthal LLP by Deborah Renner, Havkins Rosenfeld Ritzert & Varriale, LLP by Aaron M. Schlossberg, New York, NY, Rivkin Radler LLP by Evan H. Krinick, Michael Versichelli, Uniondale, NY, Carman, Callahan & Ingham, LLP by James M. Carman, Farmingdale, NY, McDonnell & Adels, P.C. by Elizabeth Adels, Garden City, NY, Fowler White Boggs Banker by W. Donald Cox, John P. Marino, Tampa, FL, for Defendants Allstate Insurance Company, AIU Insurance Company, American Transit Insurance Company, Eagle Insurance Company, Halcyon Insurance Company, Liberty Mutual Insurance Company, Lumbermens Mutual Casualty Group, National Grange Mutual Insurance Company, Nationwide Mutual Insurance Company, Progressive Casualty Insurance Company, Progressive Northeastern Insurance Company, Progressive Northern Insurance Company, Progressive Northwestern Insurance Company, Progressive Specialty Insurance Company, State Farm Mutual Automobile Insurance Company, and St. Paul Travelers.


OPINION

CHIN, District Judge.

Since 1896, x-ray technology has enabled doctors to "see" inside patients' bodies without, the risks of surgery. More recently, physicians have employed other imaging technologies, including Magnetic Resonance Imaging ("MRI"), to examine patients' brains, muscles, and organs without a scalpel or the risks of anesthesia and infection.

X-ray and MRI technology are both similar and different. In an x-ray, the image...

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