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COUNTRY-WIDE INS. CO. v. TC ACUPUNCTURE, P.C.

1620N, 652429/15.

140 A.D.3d 643 (2016)

33 N.Y.S.3d 713

2016 NY Slip Op 05104

COUNTRY-WIDE INS. CO., Respondent, v. TC ACUPUNCTURE, P.C., as Assignee of Oneal Alexander, Appellant.

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

Decided June 28, 2016.

Respondent commenced an arbitration against petitioner insurance company for reimbursement of bills for alleged health care services rendered by respondent to Alexander Oneal. Petitioner, relying on State Farm Mut. Auto. Ins. Co. v Mallela (4 N.Y.3d 313 [2005]), asserted that it could withhold payment because respondent was fraudulently incorporated. After a hearing, an arbitrator awarded respondent full reimbursement, and found...

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