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GLOBAL LIBERTY INSURANCE COMPANY v. SPINE CONSULTATION NJ, P.C.

7907. 650446/18.

167 A.D.3d 517 (2018)

88 N.Y.S.3d 865

2018 NY Slip Op 08748

Global Liberty Insurance Company of New York, Appellant, v. Spine Consultation NJ, P.C., as Assignee of Neville Gibson, Respondent.

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

Decided December 20, 2018.

The court correctly denied plaintiff's motion, interpreting Insurance Department Regulations (11 NYCRR) § 68.6 (b) (1), amended effective January 23, 2018, to apply prospectively. The regulations do not indicate that they apply retroactively, and the law is settled that retroactivity is not imputed where not expressly stated (Bowen v Georgetown Univ. Hospital, 488 U.S. 204, 208 [1988]; Matter of Rudin Mgt. Co. v Commissioner...

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