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MATTER OF ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY v. NEW WAY MASSAGE THERAPY P.C.

16383N, 653879/13.

134 A.D.3d 495 (2015)

19 N.Y.S.3d 897

2015 NY Slip Op 09184

In the Matter of ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, v. NEW WAY MASSAGE THERAPY P.C., as Assignee of Nancy Febus, Respondent.

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

Decided December 10, 2015.

Whether or not the fee-sharing arrangement at issue constitutes unprofessional conduct (see 8 NYCRR 29.1 [b] [4]), it does not constitute a defense to a no-fault action (compare State Farm Mut. Auto. Ins. Co. v Mallela, 4 N.Y.3d 313, 319 [2005] ["insurance carriers may withhold payment for medical services provided by fraudulently incorporated enterprises to which patients have assigned their claims"]). It is solely a matter...

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