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LMK PSYCHOLOGICAL v. INS. CO.

12 N.Y.3d 217 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

LMK PSYCHOLOGICAL SERVICES, P.C., et al., Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant.

Court of Appeals of the State of New York.

Decided April 2, 2009.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Evan H. Krinick, Cheryl F. Korman, Barry I. Levy and Stuart M. Bodoff of counsel), and Goldberg Segalla, LLP, for appellant.

Law Office of Craig Meyerson, Latham (Craig Meyerson of counsel), for respondents.

Andrew M. Cuomo, Attorney General, New York City (Peter Karanjia, Barbara D. Underwood and Benjamin N. Gutman of counsel), for Eric R. Dinallo, amicus curiae.

Short & Billy, P.C., New York City (Skip Short and Frank Piccininni of counsel), for Government Employees Insurance Company and others, amici curiae.

Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

PIGOTT, J.

Plaintiffs, two medical providers that treated various automobile accident victims insured by defendant State Farm Mutual Automobile Insurance Company, commenced this action against State Farm after it denied no-fault insurance benefit claims assigned to plaintiffs by the insureds. Plaintiffs asserted one cause of action for each insured treated, alleging that State Farm failed...

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