In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Insofar as is relevant to this appeal, the court below denied plaintiff's motion for summary judgment upon the unpaid $1,937.58 balance of its NF-3 claim form dated February 15, 2001 on the ground that defendant raised an issue of fact as to medical necessity. This appeal by plaintiff ensued.
An insurance carrier is required to either pay or deny a...
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