• Important Court Decision For No-Fault Insurers: Federal Court Rejects Limitation on State Farm v. Mallela
  • January 11, 2013 | Authors: Jared L. Facher; William J. Natbony
  • Law Firm: Cadwalader, Wickersham & Taft LLP - New York Office
  • We are pleased to inform you that our firm has obtained a very favorable and significant decision for no-fault insurers on an important issue of first impression. Specifically, on January 7, 2013, in the case of Allstate Ins. Co. v. Elzanaty, the United States District Court for the Eastern District of New York (Honorable Arthur D. Spatt) rejected the defendants’ attempt to limit the ability of insurers to seek affirmative recovery for fraud and the verification of compliance with licensing requirements from health care providers licensed pursuant to Article 28 of the New York Public Health Law (“Article 28 Facilities”). The decision is significant because it is the first time a court has extended the reach of State Farm v. Mallela to health care providers other than professional medical corporations.