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Interboro Insurance Co. v. Willis

Supreme Court, New York County

September 6, 2013

INTERBORO INSURANCE COMPANY, Petitioner,
v.
LANA WILLIS, AMIL ACUPUNCTURE P.C., JACKSON HEIGHTS CHIROPRACTIC, P.C., ORLANDO ORTIZ, M.D., U.S. HEALTH PRODUCTS INC. and VS SUNRISE MEDICAL P.C., Respondents. Index No. 153701/2013

Unpublished Opinion

DECISION/ORDER

HON. CYNTHIA S. KERN, J.S.C.

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion for:

Papers.............................................................................Numbered

Notice of Motion and Affidavits Annexed................................1

Affirmation in Opposition........................................................

Replying Affidavits..................................................................

Exhibits....................................................................................2

Plaintiff commenced the instant action seeking a declaratory judgment that defendants are not entitled to no-fault coverage or reimbursement for their claims submitted on behalf of plaintiffs insured Lana Willis. Plaintiff now moves for an order granting the following relief: (a) pursuant to CPLR § 2201 and § 7503(c) staying the pending arbitrations between plaintiff and defendants Amil Acupuncture P.C. ("Amil"), U.S. Health Products Inc. ("U.S. Health") and VS Sunrise Medical P.C. ("VS Sunrise") pending the resolution of the instant action; (b) pursuant to CPLR § 326 and § 327 further staying the arbitrations for purpose of removing the Arbitrations to this court; (c) pursuant to CPLR § 602 consolidating the arbitrations with the instant matter; and (d) staying interest on the arbitration matters pending a determination on the instant motion. For the reasons set forth below, plaintiffs motion is denied without opposition.

The relevant facts are as follows. On September 2, 2012, defendants' assignor Lana Willis was allegedly involved in an automobile accident on wherein she sustained bodily injuries (the "Accident"). Thereafter, plaintiff sought treatment from the various defendants. As payment for said services, Ms. Willis assigned her right to collect first party no-fault benefits to the various defendants. According to plaintiffs complaint, plaintiff denied defendants' claims based upon Ms. Willis's failure to appear for Independent Medical Examinations ("IMEs").

Prior to the commencement of this action, defendants Amil, U.S. Health and VS Sunrise submitted their disputes regarding reimbursement of first-party no-fault benefits to arbitration before the New York No-Fault Conciliation Center of the American Arbitration Association (the "AAA").

Plaintiff now moves to stay the arbitration proceedings already initiated by Amil, U.S. Health and VS Sunrise and to have those proceedings consolidated with this Supreme Court declaratory judgment action. Defendants have not submitted opposition.

Pursuant to Insurance Law Section 5106(b), "[e]very insurer shall provide a claimant with the option of submitting any dispute involving the insurer's liability to pay first party benefits . . . to arbitration." Additionally, the No Fault Mandatory Personal Injury Protection Endorsement provides:

Arbitration. In the event any person making a claim for first-party benefits and the Company do not agree regarding any matter relating to the claim, such person shall have the option of submitting such disagreement to arbitration pursuant to procedures promulgated ...

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