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BAYSIDE REHAB v. GEICO INS CO

24 Misc.3d 542 (2009)

876 N.Y.S.2d 850

BAYSIDE REHAB & PHYSICAL THERAPY, P.C., as Assignee of ALEISHA ALLEN and Another, Plaintiff, v. GEICO INSURANCE COMPANY, Defendant.

Civil Court of the City of New York, Richmond County.

Decided April 3, 2009.

Attorney(s) appearing for the Case

Phillips, Krantz & Levi, Brooklyn, for plaintiff.

Law Offices of Teresa M. Spina, Woodbury, for defendant.

OPINION OF THE COURT

KATHERINE A. LEVINE, J.

This case presents the novel issue of whether an insurance company must notify prospective medical service providers that it will not reimburse them for any services they may provide to an assignor after a determination has been made, pursuant to an independent medical examination (IME) performed on the assignor, that further medical services are not medically necessary. As will be set forth below, since the notice...

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