A.B. MEDICAL SERVICES, PLLC v. LIBERTY MUTUAL INSURANCE COMPANY


39 A.D.3d 779 (2007)

835 N.Y.S.2d 614

A.B. MEDICAL SERVICES, PLLC, Respondent, et al., Plaintiffs, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellant.

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

Decided April 24, 2007.


Ordered that the order dated November 21, 2005, is reversed insofar as appealed from, on the law, with costs, and the order of the Civil Court of the City of New York, Kings County, dated June 30, 2004, is affirmed insofar as it was appealed from.

To the extent the Appellate Term's order may be understood to require an insurer denying a claim for first-party no-fault benefits on the ground of lack of medical justification to include a medical rationale in its denial...

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