M.N. Dental Diagnostics, P.C. v Government Employees Ins. Co., 2011 NY Slip Op 01333 (1st Dept. 2011)
The Appellate Division, First Department, in an appeal by permission from the Appellate Term, First Department, affirmed the order of the Civil Court, which found that: (a) priority of payment is not a coverage issue; and (b) disputes in this regard must be resolved through intercompany arbitration. This decision was correctly decided and, actually, benefits the defense bar as much as the plaintiffs bar. Why you ask?
Well, have you ever been third-partied by Geico? My clients have. Exactly – CPLR 3211(a)(7) – see you later.
Finally, I must conclude by congratulating Steven Neuwirth, from Baker, Sanders, Barshay, Fass, Muhlstock & Neuwirth. Not only did he defeat me in A&A Dental v. State Farm, but he is now the case citation on priority of payment.
