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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

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