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E. ACUPUNCTURE, P.C. v. ALLSTATE INS. CO.

2007-06793.

61 A.D.3d 202 (2009)

873 N.Y.S.2d 335

EAST ACUPUNCTURE, P.C., Appellant, v. ALLSTATE INS. Co., Respondent.

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

Decided February 17, 2009.

Attorney(s) appearing for the Case

Gary Tsirelman, P.C., Brooklyn (Max Valerio of counsel), for appellant.

Saiber LLC, New York City (Agnes I. Rymer, David J. D'Aloia and McDonnell & Adels, P.C. [Martha S. Henley] of counsel), for respondent.

Andrew M. Cuomo, Attorney General, New York City (Benjamin N. Gutman and Peter Karanjia of counsel), for amicus curiae, for Superintendent of Insurance of State of New York.

MASTRO, J.P., MILLER and McCARTHY, JJ., concur.

OPINION OF THE COURT

BALKIN, J.

The principal issue on this appeal, which is a matter of conflicting decisions within our trial courts,1 is whether a toll on the accrual of statutory interest on overdue no-fault claims pursuant to 11 NYCRR 65-3.9 (c) applies to claims submitted to insurers by medical providers as assignees of policyholders, or is restricted to claims submitted directly by the policyholders themselves. We hold...

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