Advantage Radiology, P.C. v MVAIC, 2023 NY Slip Op 50139(U)(App. Term 1st Dept. 2023)
“Defendant’s submission on its summary judgment motion revealed the existence of triable issues of fact concerning whether defendant exhausted the coverage limits by payments to other providers and to the assignor for lost wages, and whether such payments were made in compliance with the priority of payment regulations (see 11 NYCRR 65-3.15; see generally New York & Presbyt. Hosp. v Allstate Ins. Co., 12 AD3d 579 [2004]; Harmonic Physical Therapy, P.C. v Praetorian Ins. Co., 47 Misc 3d 137[A], 2015 NY Slip Op 50525[U] [App Term, 1st Dept 2015]; cf. Country-Wide Ins. Co. v Metro Pain Specialists P.C., — AD3d —, 2022 NY Slip Op 06865 [1st Dept 2022] [priority payment defense waived]).”
No matter how many times I read this case, it just does not make sense to me. How can a court apply 65-3.15 and yet cite to Harmonic Physical Therapy? One of life’s great mysteries.
