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MATTER OF COUNTRYWIDE INSURANCE COMPANY v. DHD MEDICAL, P.C.

5507, 106563/10.

86 A.D.3d 431 (2011)

926 N.Y.S.2d 293

2011 NY Slip Op 5864

In the Matter of COUNTRYWIDE INSURANCE COMPANY, Appellant, v. DHD MEDICAL, P.C., Respondent.

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

Decided July 7, 2011.

Petitioner argues that respondent is a fraudulently incorporated medical services provider and therefore is not only ineligible for reimbursement of no-fault payments (see State Farm Mut. Auto. Ins. Co. v Mallela, 4 N.Y.3d 313 [2005]) but is also precluded from demanding arbitration pursuant to Insurance Law § 5106 (b) (and the no-fault policy issued by petitioner). Contrary to this argument, the defense of fraudulent incorporation...

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