Domny Med. Servs., P.C. v Universal Ins. Co., 2021 NY Slip Op 50301(U)
“Defendant does not deny that it issued the insurance policy pursuant to which plaintiff seeks payment, but argues that, as an out-of-state company with no ties to New York, it is not liable for these services. Contrary to defendant’s contention, it has not demonstrated, as a matter of law, that its policies should not “be deemed to satisfy New York’s financial security requirements and to provide for the payment of first-party benefits” (Matter of American Ind. Ins. Co. v Nova Acupuncture, P.C., 137 AD3d 1270, 1272 [2016]; see Insurance Law § 5107; 11 NYCRR § 65-1.8) or that the policy at issue does not otherwise mandate coverage under the circumstances
The defense that you do not have ties to New York will warrant statutory deemer dismissal.. But does it mean that the policy itself does not provider for the benefits? Read the policy carefully.
