How far do we take collateral estoppel?January 10, 2017
Palisade Surgery Ctr. LLC v Allstate Prop. & Cas. Ins. Co., 2016 NY Slip Op 51824(U)(App. Term 1st Dept. 2016)
“The issue of medical necessity was not fully litigated or decided in the prior first-party no-fault action, and thus the doctrine of collateral estoppel does not bar defendant-insurer from raising the medical necessity defense in this action (see Kaufman v Eli Lilly & Co., 65 NY2d 449 ; cf. Buechel v Bain, 97 NY2d 295, 303-304 , cert denied 535 US 1096 )”
I am left to believe that some provider prevailed somewhere. Perhaps the issue of medical necessity was never reached? I cannot make out what happened here, but I am curious what procedurally occurred to cause the provider to take an appeal on this one in a court where you are out at least $1500 for a reproduced record and brief.