GLOBE SURGICAL SUPPLY v. GEICO INS. CO.

2006-07878, 2007-00061.

2008 NY Slip Op 10583

GLOBE SURGICAL SUPPLY, AS ASSIGNEE OF REMY GALLANT, appellant, v. GEICO INSURANCE COMPANY, respondent.

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

Decided December 30, 2008.


Attorney(s) appearing for the Case

Locks Law Firm, PLLC, New York, N.Y. (Seth R. Lesser and Andrew P. Bell of counsel), and Manoussos & Associates, Garden City, N.Y., for appellant (one brief filed).

O'Melveny & Myers, LLP, New York, N.Y. (Ralph P. DeSanto, Paul R. Koepff, and Benjamin B. Bianco of counsel), for respondent.

Before: ROBERT A. SPOLZINO, J.P., ANITA R. FLORIO, HOWARD MILLER, THOMAS A. DICKERSON, JJ.


OPINION & ORDER

DICKERSON, J.

These appeals require us to address whether it is appropriate to certify a class action challenging the validity, under regulations in effect prior to October 6, 2004, of a no-fault insurer's use of the prevailing geographic rate or the reasonable and customary rate for health care services in calculating first-party benefits due to a claimant or health-care provider.

In 2004 the plaintiff, Globe Surgical Supply (hereinafter...

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