,

Priority of payment

Ameriprise Ins. Co. v Kensington Radiology Group, P.C., 2017 NY Slip Op 51911(U) (App. Term 1st Dept. 2017)

“Here, petitioner-insurer’s submissions in support of its petition to vacate the arbitration award – including an attorney’s affirmation, the policy declaration page showing the $50,000 limit and a payment ledger listing in chronological order the dates the claims by various providers were received and paid – raised triable issues as to whether the $50,000 policy limit had been exhausted by payments of no fault benefits to respondent and other providers before petitioner became obligated to pay the claims at issue here (see Allstate Prop. & Cas. Ins. Co. v Northeast Anesthesia & Pain Mgt., 51 Misc 3d 149[A], 2016 NY Slip Op 50828[U] [App Term, 1st Dept 2016]; Allstate Ins. Co. v DeMoura, 30 Misc 3d 145[A], 2011 NY Slip Op 50430[U] [App Term, [*2]1st Dept 2011]). Therefore, we remand the matter to Civil Court for a framed issue hearing on that issue.”

This looks like pure priority of payment, which does not look good,

Facebook
Twitter
Email
Print
Practice Areas

Our wide-ranging expertise will provide you with well-rounded legal counsel

At the Law Office of Jason Tenenbaum, our attorneys have the integrity and experience you need to best assist, advise, and support you through your legal challenge, every step of the way.

No Fault Defense
Practice Areas
No Fault Defense

Using cutting-edge technology and strategy to solve complicated problems.

Woman in the hospital with injured leg
Practice Areas
Personal Injury

We can fight for your pain and suffering, lost income, medical bills, and any future lost wages.

Upset woman in the front of the computer with bills
Practice Areas
Medical Malpractice

You have the right to bring a malpractice claim for your medical expenses, lost income and pain and suffering.

Card in the hand
Practice Areas
Consumer Protection

If you have been sued for an unpaid consumer loan, fallen behind on your credit card bills or similar.

Court room
Practice Areas
Commercial Litigation

We can help when you are faced with commercial litigation issues.

We dedicate ourselves to important values

We work hard to fight for your individual case and rights, while providing superior legal services on a timely, effective, and efficient basis. 

Need Help With Your Case?

Proin rhoncus metus aliquet blandit ad placerat sociosqu erat vel letius scelerisque taciti pulvinar.

Got Questions?

Proin rhoncus metus aliquet blandit ad placerat sociosqu erat vel letius scelerisque taciti pulvinar.