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KRUGER v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

510173.

79 A.D.3d 1519 (2010)

914 N.Y.S.2d 344

LOUISE KRUGER, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Sued Herein as STATE FARM INSURANCE COMPANY, Respondent.

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

Decided December 23, 2010.

ROSE, J.

Plaintiff was injured while driving a vehicle insured by defendant. Defendant initially paid no-fault insurance benefits for her chiropractic treatment, but ceased doing so after an independent medical examination found no further treatment to be necessary. Plaintiff nevertheless received further treatment and commenced this action to recover benefits in 2005. After joinder of issue and discovery, defendant moved for dismissal of the complaint, asserting...

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