Tuesday, June 30, 2009

Priority of payment disputes must be adjudicated through Ins. Law 5105 intercompany arbitration

The law is simple: Disputes involving whether an insurance carrier in a no-fault coverage dispute is primary, secondary, or tertiary must be resolved through intercompany arbitration. This fact pattern was presented four years ago in SZ Medical, P.C. v. Lancer Ins. Co.7 Misc.3d 86 (App. Term 2d Dept. 2005) and was again presented in M.N. Dental Diagnostics, P.C. v Government Employees Ins. Co. 2009 NY Slip Op 29266(App. Term 1st Dept. 2009).

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