LONG ISLAND RADIOLOGY v. ALLSTATE INSURANCE COMPANY


36 A.D.3d 763 (2007)

830 N.Y.S.2d 192

LONG ISLAND RADIOLOGY, Respondent, v. ALLSTATE INSURANCE COMPANY et al., Appellants.

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

Decided January 23, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' motion for summary judgment on the issue of whether they may raise lack of medical necessity as a basis for denying claims for reimbursement to radiologists seeking payment for magnetic resonance imaging tests provided to no-fault patients pursuant to prescriptions is granted, and that branch of the plaintiff's cross motion which was for summary judgment on that issue is denied...

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