J.C. Healing Touch Rehab, P.C. v Access Gen. Ins. Co., 2013 NY Slip Op 52086(U)(App Term 2d Dept. 2013)
“The litigation specialist alleged, among other things, that defendant maintained offices in Atlanta, Georgia and that defendant is not authorized to conduct business in New York. He further stated that defendant does not issue or deliver contracts of insurance to New York State residents or corporations authorized to do business in New York and has never had any employees either located in or working to solicit business in New York.”
“Here, defendant made a prima facie showing that personal jurisdiction had not been obtained [*2]over it based on any of the acts set forth in the Civil Court’s long-arm jurisdiction statute (CCA 404 [a]). In order for plaintiff to prove that the Civil Court had obtained personal jurisdiction over defendant, a corporation which is not a resident of the City of New York, plaintiff was required to establish that defendant either transacted business, contracted to supply goods or services, committed a tortious act, or used or possessed any real property within the City of New York”
“The affirmation of plaintiff’s attorney offered in opposition to defendant’s motion failed to demonstrate that he possessed personal knowledge of the facts to show that some basis for jurisdiction existed.”
It is always strange when you conceptualize yourself, driving through a state where your insurance coverage has no force or effect. It is a scary proposition
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