CAN-OJune 23, 2012
American Transit Ins. Co. v. Cano, 2012 NY Slip Op 31608(U)(Sup. Ct. NY Co. 2012)
A New Jersey Hospital who renders treatment upon an EIP submits bills to the insurance carrier. The bills are overdue. EIP fails to comply with a condition precedent to coverage. Insurance carrier brings a dreaded DJ action against the EIP and all providers who have the right to collect no-fault benefits.
Hospital moves to dismiss based upon the disingenuous argument that there is no jurisdiction. The motion is denied in a nice decision by Justice Tingling. See the link above.
Plf Attorney: Law Office of James F. Sullivan
Def Attorney: Unknown