Fee schedule defense failedDecember 26, 2017

Laga v GEICO Ins. Co., 2017 NY Slip Op 51713(U)(App. Term 2d Dept. 2017)

“Defendant failed to demonstrate that it had used the correct conversion factor in calculating the reimbursement rate, or that it had appropriately applied Ground Rule 11. Consequently, the branches of defendant’s cross motion seeking summary judgment dismissing those causes of action should have been denied. ”

From what I am observing, this Court appears to be very exacting on the proof necessary to establish GR 11 reductions.  Outside the affidavit of a certified fee coder, I have not seen anyone have much success with these cases on motion with claims affidavits.