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MAPFRE INS. CO. OF N.Y. v. MANOO

126, 152858/12.

140 A.D.3d 468 (2016)

33 N.Y.S.3d 54

2016 NY Slip Op 04446

MAPFRE INSURANCE COMPANY OF NEW YORK, Appellant, v. BALGOBIN MANOO et al., Defendants, and ACTIVE CARE MEDICAL SUPPLY CORPORATION, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 9, 2016.

On November 14, 2011, plaintiff's insured, defendant Balgobin Manoo, was involved in an automobile accident. On or about January 10, 2012, he received treatment from Active Care, at which time he executed an assignment of benefits. Prior thereto, plaintiff had referred Manoo's claim for no-fault benefits for investigation due to inconsistencies in his statements as to treatment.

The policy's New York State Mandatory Personal Injury Protection Endorsement required...

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