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M.N. DENTAL DIAGNOSTICS, P.C. v. GOVERNMENT EMPLOYEES INSURANCE COMPANY

4318, 570775/07.

81 A.D.3d 541 (2011)

916 N.Y.S.2d 598

M.N. DENTAL DIAGNOSTICS, P.C., as Assignee of Daniel Burgos, Respondent, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Appellant.

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

Decided February 22, 2011.

Insurance Law § 5105 (b) requires that mandatory arbitration be used to resolve all disputes between insurers as to their responsibility for the payment of first-party benefits. 11 NYCRR 65-3.12 (b) provides that "[i]f a dispute regarding priority of payment arises among insurers who otherwise are liable for the payment of first-party benefits, then the first insurer to whom notice of claim is given . . . shall be responsible for payment to such person. Any such dispute...

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