New York's highest court of appeals has held that no-fault insurers cannot deny no-fault benefits where they unilaterally determine that a provider has committed misconduct based upon alleged fraudulent conduct. The Court held that this authority belongs solely to state regulators, specifically New York's Board of Regents, which oversees professional licensing and discipline. This follows a similar recent ruling in Florida reported in this publication.
Order Granting Motion to Dismiss
THIS CAUSE came on to be heard on August 9, 1989, on Defendant's Motion to Dismiss Complaint, and the Court having reviewed the Court file and having heard argument of counsel, the Court finds that the contract specifically requires mention of the Practice Management Associates logo in advertising; that the contract attached as an exhibit to Plaintiff's Complaint describes a franchise under Illinois law; that the contract was signed in Illinois; that Illinois contract law applies, and that, pursuant to Illinois law, this Court has no jurisdiction to hear this matter. It is therefore
ORDERED AND ADJUDGED that Defendant's Motion to Dismiss be and the same is hereby granted and this cause is hereby dismissed without prejudice.
DONE AND ORDERED in Chambers, Judicial Building, St. Petersburg, Pinellas County, Florida this 16th day of August 1989.