MATTER OF GLOBAL LIBERTY INS. CO. OF N.Y. v. AVANGARD SUPPLY, INC.

Index No. 29384/19E. Appeal No. 12454N. Case No. 2020-00762.

188 A.D.3d 568 (2020)

132 N.Y.S.3d 628

2020 NY Slip Op 06855

In the Matter of Global Liberty Insurance Company of New York, Appellant, v. Avangard Supply, Inc., et al., Respondents.

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

Decided November 19, 2020.


The no-fault arbitrator found that petitioner's vague and conclusory explanation that the denial was based on an independent medical examination which did not support reimbursement, without providing any of the examination's findings, or checking boxes on the NF-10 form to indicate that the denial was based on a lack of medical necessity, was insufficient. The master arbitrator reviewed the no-fault arbitrator's determination and the parties' submissions, and confirmed the...

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