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- Title
INSURANCE--NO-FAULT--FIRST-PARTY BENEFITS--MEDICAL BILLS--CHOICE OF FORUM--NEW YORK.
- Abstract
This article presents information on judicial decision given in the case Roggio v. Nationwide Mutual Insurance Co. , in New York. According to the case, a claimant who chooses arbitration as the forum for resolution of a dispute over medical bills cannot later resort to the courts to seek recovery of subsequent medical bills arising from the same accident. After examination by the insurer's physician, however, first-party benefits for physical therapy treatments were discontinued, and her claims for dental work were denied. A health services arbitration panel found largely in favor of the insurer. The insurer appealed, but the appellate court dismissed the claim, holding that the employee was bound to arbitrate the claim. On further appeal, the New York court of appeals affirmed. The objective of providing an efficient informal mechanism for recovery of benefits is disserved if a claimant can arbitrate disputes as to certain expenses and also litigate disputes as to other expenses arising out of one accident.
- Subjects
NEW York (State); ACTIONS &; defenses (Law); LEGAL judgments; UNEMPLOYMENT insurance claimants; NATIONWIDE Mutual Insurance Co.; INSURANCE companies; APPELLATE courts
- Publication
Arbitration Journal, 1986, Vol 41, Issue 2, p78
- ISSN
0003-7893
- Publication type
Article