MATTER OF GLOBAL LIBERTY INS. CO. v. MEDCO TECH, INC.

8765, 260656/15.

170 A.D.3d 558 (2019)

96 N.Y.S.3d 55

2019 NY Slip Op 02167

In the Matter of Global Liberty Insurance Company, Appellant, v. Medco Tech, Inc., as Assignee of Coreen Josiah, Respondent.

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

Decided March 21, 2019.


Respondent seeks from petitioner no-fault insurance benefits for medical equipment that respondent provided to its assignor, who was involved in a motor vehicle accident. In denying respondent's claim, petitioner relied on a peer review report that concluded, based on a review of the medical records, that the assignor's condition was degenerative in nature and not post-traumatic and therefore that the surgery undergone by the assignor was "not medically necessary in relation...

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