New York’s highest court decides Carothers case, holding that a finding of fraud is not required for an insurer to withhold payments to a medical service corporation that violates material licensing requirements

June 11, 2019 | Appeals | Insurance Fraud

Andrew Carothers, M.D., P.C. v. Progressive Insurance Company, et. al.

June 11, 2019 – Albany, NY – In a major victory for the insurance industry, the New York Court of Appeals, the highest court in New York, has affirmed the 2017 order of the Appellate Division upholding the trial verdict and judgment in favor of 54 NY automobile insurers and self-insurers in Andrew Carothers, M.D., P.C. v. Progressive Insurance Co.  Rivkin Radler partner Barry I. Levy successfully argued the appeal before the Court of Appeals with the rest of Rivkin Radler’s team -partners Evan H. Krinick, Michael A. Sirignano, Cheryl F. Korman, and Stuart M. Bodoff.  The Court of Appeals’ opinion preserves a 2008 jury verdict in favor of the insurers, which expunged approximately $20 million in pending claims against these members of the New York automobile insurance industry.

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