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LK Health Care Products Inc. v. GEICO General Ins. Co.

Civil Court of City of New York, Kings

May 9, 2013

LK HEALTH CARE PRODUCTS INCa/a/o Jean Yves Talleyrand, Plaintiff,
v.
GEICO GENERAL INSURANCE CO., Defendant. No. 068326/2011.

Editorial Note:

This decision has been referenced in a table in the New York Supplement.

Ilona Finkelshteyn, Esq., Brooklyn, for Plaintiff.

Law Offices of Spina, Korshin & Welden, Woodbury, NY, for defendant.

KATHERINE A. LEVINE, J.

Papers Numbered

Notice of Motion and Affidavits Annexed 1

Notice of Cross-Motion and Affidavits Annexed 2

Answering Affidavits

Replying Affidavits

Exhibits

Other:

Upon the foregoing cited papers, the Decision/Order on this Motion is as follows:

This case was submitted solely on the unanswered question of whether the No-Fault Regulations require a defendant insurance company to respond to a letter from a plaintiff medical provider objecting to an EUO request as being unreasonable.

Plaintiff LK Health Products, Inc. (" plaintiff" or " LK" ), a medical equipment company, commenced this action to recover the sum of $2,779.63 for medical supplies it provided to its assignor. Defendant GEICO General Insurance Company (" defendant" or " GEICO" ) cross moves for summary judgment based upon plaintiff's failure to show up at an EUO. Defendant sent plaintiff two EUO requests which explained that GEICO's investigation into plaintiff's business practices raised questions as to the accuracy of ...


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