ALLSTATE INSURANCE COMPANY v. BELT PARKWAY IMAGING, P.C.

3718, 600509/03.

78 A.D.3d 592 (2010)

914 N.Y.S.2d 5

ALLSTATE INSURANCE COMPANY et al., Respondents, v. BELT PARKWAY IMAGING, P.C., et al., Appellants, et al., Defendants.

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

Decided November 30, 2010.


"A provider of health care services is not eligible for reimbursement under section 5102 (a) (1) of the Insurance Law if the provider fails to meet any applicable New York State or local licensing requirement" (11 NYCRR 65-3.16 [a] [12]). Pursuant to this regulation, the Court of Appeals held that "insurance carriers may withhold payment for medical services provided by fraudulently incorporated enterprises" (see State Farm Mut. Auto. Ins. Co. v Mallela, 

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