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LIBERTY MUT. INS. CO. v. FIVE BORO MED. EQUIP., INC.

15644

130 A.D.3d 465 (2015)

13 N.Y.S.3d 385

2015 NY Slip Op 05891

LIBERTY MUTUAL INSURANCE COMPANY et al., Appellants, v. FIVE BORO MEDICAL EQUIPMENT, INC., Respondent.

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

Decided July 7, 2015.

Plaintiffs are no-fault automobile insurers in New York State. Defendant is a provider of durable medical equipment in New York City. Defendant provides such equipment to claimants under plaintiffs' policies. Plaintiffs came to suspect that defendant was over-billing them for the equipment. Accordingly, as was their right under the policy and the relevant regulations (11 NYCRR 65-1.1 et seq.), plaintiffs requested an examination under oath (EUO) of defendant in order...

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