QUALITY HEALTH PRODS., P.C. v. PROGRESSIVE INS. CO.

2007-148 Q C.

2008 NY Slip Op 51757 (U)

QUALITY HEALTH PRODUCTS, P.C. A/A/O MALIK BUNNCHE, Appellant, v. PROGRESSIVE INSURANCE COMPANY, Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided August 19, 2008.


In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant opposed the motion, asserting that it timely denied plaintiff's $694 claim on the ground that the supplies provided were not medically necessary based on an affirmed peer review report, and that it timely denied plaintiff's $1,021 and $289 claims based on the assignor's failure to appear for two independent medical examinations (IMEs). The court...

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