In May, Roman Kravchenko, Of Counsel to The Russell Friedman Law Group, LLP, secured a victory when the New York Supreme Court confirmed a No-Fault arbitration award issued in favor of its client.
As noted in the Court’s opinion, the ruling stemmed from an arbitration in which our firm represented a radiology facility that had rendered medical services to the victim of a motor vehicle accident (MVA). The radiology facility had its claim for No-Fault benefits denied by the insurer on the basis that the claimant’s treated condition was allegedly unrelated to the MVA.
Our team secured an arbitration award granting our client’s claim for No-Fault benefits for the MRI provided. After an unsuccessful appeal before a Master Arbitrator, the insurance company (American Transit) filed a Petition to Vacate the arbitration award, arguing that that it was irrational for the No-Fault arbitrator to determine that it failed to establish its lack of coverage defense.
Ultimately, the Court ruled that the arbitration award was rational considering the insurer’s failure to present any proof to substantiate its defense other than the EUO transcript of the Assignor and the motor vehicle accident report. As such, the Court upheld the arbitration award.
Am. Transit Ins. Co. v. Nexray Med. Imaging PC, 78 Misc. 3d 1242(A), 2023 WL 3669716 (N.Y. Sup.), 188 N.Y.S.3d 916 (Sup. Ct., Kings County, 2023). Read the full opinion here.
The Russell Friedman Law Group, LLP represents healthcare providers in matters related to No-Fault consulting, compliance, and collections, including the recovery of unpaid/underpaid No-Fault billing by insurance carriers in arbitration and litigation. To learn more about our services or to discuss a potential case, call (855) 465-4622 or contact us online.
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