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AMATO v. STATE FARM INS. CO.

19841/09.

30 Misc.3d 238 (2010)

910 N.Y.S.2d 637

RICHARD E. AMATO D.C., as Assignee of Sandra J. Burrell, Plaintiff, v. STATE FARM INSURANCE COMPANY, Defendant.

District Court of Nassau County, First District.

Decided October 13, 2010.

Attorney(s) appearing for the Case

Abrams, Fensterman, Eisman, Greenberg, Formato & Einiger, LLP, for plaintiff.

Lawrence Rogak, LLC, for defendant.

OPINION OF THE COURT

FRED J. HIRSH, J.

Facts

This action raises issues regarding the extent to which a no-fault insurance carrier may rely upon the results of an independent medical examination (IME) to deny payment for medical treatment provided after the IME.

Plaintiff sues to recover first-party no-fault benefits for chiropractic care provided to Sandra Burrell during the period January...

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