Preview
FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024
NEW YORK STATE SUPREME COURT
COUNTY OF QUEENS
ERIE INSURANCE COMPANY,
Plaintiff,
COMPLAINT
v. Index No.
ACTIVE LIFE CHIROPRACTIC PC,
ADVANCE HEALTH RX INC,
ALL CITY FAMILY AMBULATORY SURGERY
CENTER, INC.,
ALL CITY FAMILY HEALTHCARE,
ANDREW HALL, MD PLLC,
ATLANTIC MEDICAL & DIAGNOSTIC, P.C.,
DR. BENJAMIN PORTAL, MD,
DR. DANA T. SAVIDGE,
DIANA VAVIKOVA, DC,
FIRST STOP PT PC,
DR. HIRAM EMMANUEL LUIGI-MARTINEZ,
HOLLIS HEALING PRO INC.,
HUDSON VALLEY CHIROPRACTIC HEALTH
SERVICES PC,
IM REHAB PT, PC,
JAQUAN HARDAWAY,
JL MEDICAL PC,
JOSEPH MARTONE, PA-C,
DR. MOHAMED IBRAHIM,
MOYSEY ZAVLYANOV,
NORTHERN DME CORP,
PSYCHOLOGY 21 P.C.,
R FAMILY PHARMACY INC.,
RONA Y. ALLEN, D.C.,
DR. ROBERT D. SOLOMON,
DR. ROBERT N. WAXMAN,
SANFORD RADIOLOGY PC,
SEDATION VACATION PERIOPERATIVE
MEDICINE PLLC,
Defendants.
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MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203
(716) 855-2800 • FAX (716) 855-2816
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Plaintiff, ERIE INSURANCE COMPANY (“ERIE”), by and through its attorneys, Mura
Law Group, PLLC, as and for its complaint against the above-named defendants, alleges, upon
information and belief, as follows:
THE PRINCIPAL PARTIES
A. Plaintiff
1. At all times relevant herein, ERIE was and is a foreign business corporation with
its principal place of business in Erie, Pennsylvania.
2. At all times relevant herein, Erie exists and conducts business as an insurance
company in the state of New York, writing and issuing insurance policies of various types,
including but not limited to commercial auto policy number Q04 5140271 (“the subject policy”),
which was issued to its named insured, Pure Deliver, LLC (“Erie’s insured”).
B. Named Defendants
3. Upon information and belief, at all times relevant herein, Defendant ACTIVE LIFE
CHIROPRACTIC PC was and/or is a domestic professional service corporation existing in the
state of New York, which provides chiropractic treatment and/or services to clientele and/or
patients in the state of New York.
4. Upon information and belief, Defendant ADVANCE HEALTH RX INC was
and/or is a general pharmacy in the state of New York which fills prescriptions and/or provides
and/or delivers medication and/or durable medical equipment (“DME”) to clientele and/or patients
in the state of New York.
5. Upon information and belief, Defendants ALL CITY FAMILY AMBULATORY
SURGERY CENTER, INC and/or ALL CITY FAMILY HEALTHCARE is an ambulatory
surgical center and/or clinic licensed in the state of New York which provides medical services
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and/or treatment and/or diagnostic services and/or treatment to clientele and/or patients in the state
of New York.
6. Upon information and belief, at all times relevant herein, Defendant ANDREW
HALL, MD PLLC was and/or is a domestic professional service corporation in the state of New
York which provides medical services and/or treatment and/or diagnostic services and/or treatment
to clientele and/or patients in the state of New York.
7. Upon information and belief, at all times relevant herein, Defendant ATLANTIC
MEDICAL & DIAGNOSTIC, P.C. was and/or is a domestic professional service corporation in
the state of New York, which provides medical services and/or treatment and/or diagnostic
services and/or treatment to clientele and/or patients in the state of New York.
8. Upon information and belief, at all times relevant herein, Defendant DR.
BENJAMIN PORTAL, MD is a medical doctor who is licensed to practice in the state of New
York and provides medical treatment and/or services and/or diagnostic treatment and/or services
to clientele and/or patients in the state of New York.
9. Upon information and belief, at all times relevant herein, Defendant DR. DANA T.
SAVIDGE was and/or is a psychologist and/or psychiatrist who is licensed to practice in the state
of New York and provides treatment to clientele and/or patients in the state of New York.
10. Upon information and belief, at all times relevant herein, Defendant DIANA
VAVIKOVA, DC, was and/or is a chiropractor who is licensed to practice in the state of New
York and provides chiropractic treatment to clientele and/or patients in the state of New York.
11. Upon information and belief, at all times relevant herein, Defendant FAR
ROCKAWAY MEDICAL PC was and/or is a domestic professional service corporation in the
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state of New York, which provides medical treatment and/or treatment and/or physical therapy
services and/or other treatment and/or services to clientele and/or patients in the state of New York.
12. Upon information and belief, at all times relevant herein, Defendant FIRST STOP
PT, PC was and/or is a domestic professional service corporation in the state of New York, which
provides medical treatment and/or treatment and/or physical therapy services and/or other
treatment and/or services to clientele and/or patients in the state of New York.
13. Upon information and belief, at all times relevant herein, Defendant DR. HIRAM
EMMANUEL LUIGI-MARTINEZ is a medical doctor who is licensed to practice in the state of
New York and provides medical treatment and/or diagnostic services to clientele and/or patients
in the state of New York.
14. Upon information and belief, at all times relevant herein, Defendant HOLLIS
HEALING PRO INC., was and/or is a domestic business corporation in the state of New York,
which provides and/or delivers medication and/or DME to clientele and/or patients in the state of
New York.
15. Upon information and belief, at all times relevant herein, Defendant HOLLY
BAKHOURY was and/or is a pharmacist who is licensed to practice in the state of New York and
fills and/or provides and/or delivers prescribed medication and/or DME and/or other devices to
clientele and/or patients in the state of New York.
16. Upon information and belief, at all times relevant herein, Defendant HUDSON
VALLEY CHIROPRACTIC HEALTH SERVICES PC was and/or is a domestic professional
service corporation existing in the state of New York, which provides chiropractic treatment
services and/or services to clientele and/or patients in the state of New York.
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17. Upon information and belief, at all times relevant herein, Defendant IM REHAB
PT, PC was and/or is a domestic professional service corporation in the state of New York, which
provides medical treatment and/or treatment and/or physical therapy services and/or other
treatment and/or services to clientele and/or patients in the state of New York.
18. Upon information and belief, at all times relevant herein, Defendant JAQUAN
HARDAWAY was and/or is a resident of the city of Queens, county of Queens, New York.
19. Upon information and belief, at all times relevant herein, Defendant JL MEDICAL
PC was and/or is a domestic professional service corporation in the state of New York, which
provides medical services and/or treatment and/or diagnostic services and/or treatment to clientele
and/or patients in the state of New York.
20. Upon information and belief, at all times relevant herein, Defendant JOSEPH
MARTONE, PA-C is a physicians’ assistant who is licensed to practice in the state of New York
and provides medical treatment and/or diagnostic services to clientele and/or patients in the state
of New York.
21. Upon information and belief, at all times relevant herein, Defendant DR.
MOHAMED IBRAHIM is a physical therapist and/or doctor of physical therapy who is licensed
to practice in the state of New York, and provides medical treatment and/or physical therapy
treatment to clientele and/or patients in the state of New York.
22. Upon information and belief, at all times relevant herein, Defendant MOYSEY
ZAVLYANOV was and/or is a pharmacist who is licensed to practice in the state of New York
and fills and/or provides and/or delivers prescribed medication and/or DME and/or other devices
to clientele and/or patients in the state of New York.
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23. Upon information and belief, at all times relevant herein, Defendant NORTHERN
DME CORP was and/or is a domestic business corporation in the state of New York, which
provides and/or delivers medication and/or DME to clientele and/or patients in the state of New
York.
24. Upon information and belief, at all times relevant herein, Defendant
PSYCHOLOGY 21 P.C. was and/or is a domestic professional service corporation in the state of
New York which provides psychological and/or psychiatric treatment to clientele and/or patients
in the state of New York.
25. Upon information and belief, Defendant R FAMILY PHARMACY INC. was
and/or is a general pharmacy in the state of New York which fills prescriptions and/or provides
and/or delivers medication and/or durable medical equipment (“DME”) to clientele and/or patients
in the state of New York.
26. Upon information and belief, at all times relevant herein, Defendant RONA Y.
ALLEN, DC, was and/or is a chiropractor who is licensed to practice in the state of New York and
provides chiropractic treatment to clientele and/or patients in the state of New York.
27. Upon information and belief, at all times relevant herein, Defendant DR. ROBERT
D. SOLOMON is a medical doctor who is licensed to practice in the state of New York and
provides medical treatment and/or services and/or diagnostic treatment and/or services to clientele
and/or patients in the state of New York.
28. Upon information and belief, at all times relevant herein, Defendant DR. ROBERT
N. WAXMAN is a medical doctor who is licensed to practice in the state of New York and
provides medical treatment and/or services and/or diagnostic treatment and/or services to clientele
and/or patients in the state of New York.
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29. Upon information and belief, at all times relevant herein, Defendant SANFORD
RADIOLOGY PC was and/or is a domestic professional service corporation in the state of New
York, which provides medical services and/or treatment and/or diagnostic services and/or
treatment to clientele and/or patients in the state of New York.
30. Upon information and belief, at all times relevant herein, Defendant SEDATION
VACATION PERIOPERATIVE MEDICINE PLLC was and/or is a domestic professional limited
liability corporation in the state of New York, which provides medical services and/or treatment
and/or diagnostic services and/or treatment to clientele and/or patients in the state of New York.
31. Excluding Defendant JAQUAN HARDAWAY, Erie collectively refers to the
above-named defendants as “the treatment provider defendants named herein”.
THE SUBJECT INCIDENT
32. On or around May 20, 2023, Erie’s insured was in the business of operating and/or
conducting a package delivery service on behalf of Amazon and/or Amazon Prime.
33. On May 20, 2023, shortly after 2:30 p.m., an employee of Erie’s insured was
operating a navy-blue Dodge Ram 3500 van with “Amazon Prime” emblazoned on the sides of
the van (“the Amazon van”).
34. On May 20, 2023, shortly after 2:30 p.m., in the course of performing his delivery
work for Erie’s insured, the employee of Erie’s insured was operating the Amazon van on 110th
Avenue near the vicinity of 110th Avenue and 172nd Street in Queens, New York.
35. On May 20, 2023, shortly after 2:30 p.m., while in the vicinity of 110th Avenue
and 172nd Street in Queens, New York, the employee of Erie’s insured parked on the right
shoulder of 110th Avenue in order to deliver a package to a residence located across the street from
where he was parked. He delivered the package and walked across the street to get back into the
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(716) 855-2800 • FAX (716) 855-2816
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Amazon van. He walked from the residence where he delivered the package, across the street and
past the front end of the parked Amazon van in order to enter the Amazon van on its passenger’s
side.
36. On May 20, 2023, shortly after 2:30 p.m., while in the vicinity of 110th Avenue
and 172nd Street in Queens, New York, Defendant JAQUAN HARDAWAY was standing in the
roadway near where the Amazon van was parked, and apparently watching the Amazon van itself
and/or driver of the Amazon van return to the Amazon van after delivering the package.
37. After returning to the Amazon van from delivering the package, the driver of the
Amazon van started the engine and began to reverse the Amazon van to pull backwards so that he
could pull away from his parking spot. After watching the driver return to the Amazon van,
Defendant JAQUAN HARDAWAY moved from where he had been standing and/or pacing in the
roadway in order to position himself closer to the rear of the Amazon van.
38. After positioning himself closer to the rear of the Amazon van, once the Amazon
van began to slowly reverse and move towards him, Defendant JAQUAN HARDAWAY suddenly
moved quickly towards the rear of the reversing Amazon van and then intentionally threw his body
into the rear of the Amazon van causing his body to strike the rear of the Amazon van and fall to
the ground.
INVESTIGATION AND AFTERMATH OF THE SUBJECT INCIDENT
39. Following the occurrence of the subject incident, Erie’s insured received and
reviewed video footage showing Defendant JAQUAN HARDAWAY intentionally causing the
occurrence of the subject incident as described above. Erie’s insured provided this video footage
to Erie.
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40. The video footage speaks for itself and irrefutably shows that Defendant JAQUAN
HARDAWAY intentionally staged and/or caused the subject incident and any alleged injuries as
part of an insurance fraud scheme.
41. Following the occurrence of the subject incident, Defendant JAQUAN
HARDAWAY and his attorney’s office submitted to Erie an application for no-fault coverage
under the subject policy in which Defendant JAQUAN HARDAWAY alleges injuries as a result
of the subject incident as follows: “multiple injuries: left knee, back, neck, left leg, left ankle”.
42. Following its receipt of the no-fault claim and the video of the subject incident, Erie
retained counsel and conducted examination under oath (“EUO”) of the driver of the Amazon van
at the time of the subject incident.
43. The video evidence, and testimony from the driver of the Amazon van fully
supports that the subject incident arises out of an intentional act perpetrated by Defendant
JAQUAN HARDAWAY as part of an insurance fraud scheme.
44. Additionally, Erie conducted EUO of Defendant JAQUAN HARDAWAY relative
to the subject incident and his no-fault claim arising out of same.
45. At EUO, Defendant JAQUAN HARDAWAY provided untruthful testimony about
the occurrence of the subject incident in an obvious attempt to further his insurance fraud scheme.
46. Following completion of the EUO of Defendant JAQUAN HARDAWAY,
Defendant Hardaway was arrested on criminal charges in relation to the intentional and/or
fraudulent nature of the occurrence of the subject incident.
47. As such, to further investigate the insurance fraud scheme being perpetrated by
Defendant JAQUAN HARDAWAY and the criminal charges he received, Erie sent to Defendant
JAQUAN HARDAWAY a post-EUO request for verification.
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48. Upon information and belief, Defendant JAQUAN HARDAWAY failed to
sufficiently respond to Erie’s post-EUO request for verification within 120 days and also failed to
provide written proof setting forth a reasonable justification for his failure to comply.
49. In addition to committing insurance fraud by intentionally causing his own injuries
and then asserting a no-fault claim and/or injury claim relative the subject incident, Defendant
JAQUAN HARDAWAY also violated the rights and duties- general policy conditions of the
subject policy by failing to cooperate with Erie’s investigation by presenting his fraudulent claim,
testifying untruthfully at EUO, and failing to respond to Erie’s post-EUO request for verification,
and/or failing to provide written proof of a reasonable justification for failing to comply.
50. Following the occurrence of the subject incident, Erie received information that,
relative to the occurrence of the subject incident, Defendant JAQUAN HARDAWAY allegedly
received medical treatment, chiropractic treatment, physical therapy treatment, diagnostic
treatment, prescription medication, DME, and/or other such treatment and/or medication and/or
devices and/or services from the treatment provider defendants named herein.
51. Upon information and belief, Defendant JAQUAN HARDAWAY allegedly has
assigned and/or will assign any rights he may have to collect no-fault benefits and/or additional
PIP coverage (“APIP”) under the subject policy to the treatment provider defendants named herein.
SUBJECT POLICY
52. The subject policy includes liability coverage limits of $1,000,000.00.
53. The subject policy includes personal injury protection (“PIP”) coverage, which
includes $50,000.00 in mandatory basic economic loss, $25,000.00 in optional basic economic
loss and $100,000.00 in APIP for a total of $175,000.00 in aggregate PIP and/or APIP coverage.
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54. The subject policy also includes supplemental uninsured/ underinsured motorists
coverage (“UM/SUM coverage”), liability coverage, physical damages coverage, and other
coverages.
55. The subject policy provides, in pertinent part, as follows:
56. Also, the subject policy provides, in pertinent part, as follows:
57. Further, the mandatory PIP endorsement of the subject policy provides in pertinent
part as follows:
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58. Further, the APIP endorsement of the subject policy provides in pertinent part as
follows:
AS AND FOR A FIRST CAUSE OF ACTION
DECLARATORY RELIEF – THE SUBJECT POLICY IS VOID
59. Erie repeats and realleges the allegations contained in paragraphs “1” through “58”,
inclusive, with the same force and effect as if fully set forth herein.
60. Any policy benefits and coverage afforded under the subject policy are not due
and owing to Defendant JAQUAN HARDAWAY and/or any of his assignees including any and
all of the treatment provider defendants named herein as the subject policy is void due to the
fraud, material misrepresentations, and/or breach of the subject policy conditions by Defendant
JAQUAN HARDAWAY as set forth above.
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61. Because of the blatant fraud and intentional nature of the subject incident, as well
as the breach of the subject policy conditions by Defendant JAQUAN HARDAWAY, the subject
policy is void ab initio with respect to any claims made under any portion of the subject policy
by Defendant JAQUAN HARDAWAY and/or any of his alleged assignees including any and all
of the treatment provider defendants named herein.
62. By reason of the foregoing, Erie is entitled to an order declaring that it cannot be
ordered to provide any coverage and/or benefits under the liability coverage and/or mandatory PIP
endorsement and/or APIP endorsement and/or UM/SUM endorsement and/or any portion of the
subject policy to Defendant JAQUAN HARDAWAY, any medical providers as assignees of
Defendant JAQUAN HARDAWAY including any and all of the treatment provider defendants
named herein, along with any insurers seeking loss transfer against Erie after having paid such
benefits on behalf of Defendant JAQUAN HARDAWAY.
63. By reason of the foregoing, Erie is entitled to an order declaring that it is entitled to
a permanent stay of any litigation arising out of any UM/SUM and/or no-fault claims brought by
or on behalf of Defendant JAQUAN HARDAWAY and/or any medical providers as assignees of
Defendant JAQUAN HARDAWAY including any and all of the treatment provider defendants
named herein relative to the subject incident, along with any insurers seeking loss transfer against
ERIE after having paid such benefits on behalf of Defendant JAQUAN HARDAWAY relative to
the subject incident.
AS AND FOR A SECOND CAUSE OF ACTION
DECLARATORY RELIEF – MANDATORY
PIP BENEFITS AND APIP BENEFITS
64. Erie repeats and realleges the allegations contained in paragraphs “1” through “63”,
inclusive, with the same force and effect as if fully set forth herein.
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65. As set forth above, Defendant JAQUAN HARDAWAY intentionally physically
contacted the Amazon van operated by Erie’s insured and thereby intentionally caused the subject
incident and any alleged injuries as part of an insurance fraud scheme.
66. Consequently, Defendant JAQUAN HARDAWAY is not entitled to coverage
under the mandatory PIP endorsement of the subject policy and/or the APIP endorsement of the
subject policy.
67. By reason of the foregoing, Erie is entitled to an order declaring that it cannot be
ordered to provide any coverage or benefits under the mandatory PIP endorsement and/or APIP
endorsement of the subject policy, and/or to provide any other available no-fault benefits and/or
medical payments coverage to Defendant JAQUAN HARDAWAY, and any medical providers
as assignees of Defendant JAQUAN HARDAWAY, including any and all of the treatment
provider defendants named herein, along with any insurers seeking loss transfer against Erie after
having paid such benefits on behalf of Defendant JAQUAN HARDAWAY, with respect to any
current or future litigation proceedings, including but not limited to any and all arbitrations,
lawsuits, and/or claims seeking recovery of first-party no-fault benefits and/or PIP and/or APIP
relative to the subject incident.
AS AND FOR A THIRD CAUSE OF ACTION
DECLARATORY RELIEF - LIABILITY COVERAGES/ BODILY INJURY LIABILITY
COVERAGE
68. Erie repeats and realleges the allegations contained in paragraphs “1” through “67”,
inclusive, with the same force and effect as if fully set forth herein.
69. As set forth above, Defendant JAQUAN HARDAWAY intentionally physically
contacted the Amazon van operated by Erie’s insured and thereby intentionally caused the subject
incident and any alleged injuries as part of an insurance fraud scheme.
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70. Consequently, Defendant JAQUAN HARDAWAY is not entitled to receive any
coverage under the liability coverages section of the subject policy and/or the bodily injury liability
coverage section of the subject policy.
71. Further, because of the fraud which voids the subject policy, Erie cannot be
compelled, obligated and/or ordered to provide coverage under the liability coverages section of
the subject policy and/or the bodily injury liability coverage section of the subject policy and/or
make any payments under the liability coverages section and/or bodily injury liability coverage
section of the subject policy to Defendant JAQUAN HARDAWAY relative to the occurrence of
the subject incident and/or relative to any injury claims that Defendant JAQUAN HARDAWAY
may bring relative to the subject incident.
AS AND FOR A FOURTH CAUSE OF ACTION
DECLARATORY RELIEF – SUPPLEMENTARY UNINSURED/ UNDERINSURED
MOTORISTS COVERAGE
72. Erie repeats and realleges the allegations contained in paragraphs “1” through “71”,
inclusive, with the same force and effect as if fully set forth herein.
73. As set forth above, Defendant JAQUAN HARDAWAY intentionally contacted the
Amazon van operated by Erie’s insured and thereby intentionally caused the subject incident as
part of an insurance fraud scheme.
74. Consequently, Defendant JAQUAN HARDAWAY is not entitled to receive any
coverage and/or benefits under the UM/SUM coverage section of the subject policy.
75. Further, because of the subject policy being void due to the fraud and failure to
cooperate with Erie’s investigation, Erie cannot be compelled, obligated and/or ordered to provide
coverage and/or benefits to Defendant JAQUAN HARDAWAY for any claims brought by or on
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his behalf under the UM/SUM section of the subject policy relative to the occurrence of the subject
incident.
AS AND FOR A FIFTH CAUSE OF ACTION
INJUNCTIVE RELIEF – PERMANENT STAY OF ALL LITIGATION RELATED TO
THE SUBJECT INCIDENT
76. Erie repeats and realleges the allegations contained in paragraphs “1” through “75”,
inclusive, with the same force and effect as if fully set forth herein.
77. Erie will suffer irreparable harm if a permanent stay is not issued of any current or
future proceedings including but not limited to any and all arbitrations and/or lawsuits arising out
of any no-fault claims brought by Defendant JAQUAN HARDAWAY and/or any medical
providers as assignees of Defendant JAQUAN HARDAWAY including any and all of the
treatment provider defendants named herein, along with any insurers seeking loss transfer against
ERIE after having paid such benefits on behalf of Defendant JAQUAN HARDAWAY relative to
the subject incident.
78. Erie will suffer irreparable harm if a permanent stay is not issued of any current or
future litigation proceedings including but not limited to any and all arbitrations and/or lawsuits
arising out of any UM/SUM claim(s) brought by Defendant JAQUAN HARDAWAY relative to
the subject incident.
79. By reason of the foregoing, Erie is entitled to judgment granting a permanent stay
of any current or future litigation proceedings related to the subject incident including but not
limited to lawsuits, arbitrations, and/or claims commenced against Erie seeking any coverage
and/or benefits under any section of the subject policy, which is void due to the fraud and breach
of the conditions of the subject policy by Defendant JAQUAN HARDAWAY in connection with
the occurrence of the fraudulent subject incident and his ensuing fraudulent claims.
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MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203
(716) 855-2800 • FAX (716) 855-2816
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80. There exists a justiciable controversy between and among the parties to this action,
which is ripe for adjudication.
81. Erie has no adequate remedy at law.
WHEREFORE, ERIE respectfully demands:
A. a judgment declaring that due to the fraudulent nature of the subject incident, Erie
is not obligated to provide, and cannot be ordered to provide any insurance coverage relative to
the subject incident whatsoever under the subject policy to Defendant JAQUAN HARDAWAY
and/or any of his assignees, including the treatment provider defendants named herein;
B. a judgment declaring that, due to the fraudulent nature of the subject incident, Erie
has no obligation to pay or provide, and cannot be ordered to pay or provide any first-party no-
fault and/or UM/SUM benefits to Defendant JAQUAN HARDAWAY and/or any of his assignees,
including the treatment provider defendants named herein and/or to any other medical providers
as assignees of Defendant JAQUAN HARDAWAY not named herein, along with any insurers
seeking loss transfer against ERIE after having paid such benefits on behalf of Defendant
JAQUAN HARDAWAY;
C. a judgment declaring that, due to the fraudulent nature of the subject incident, Erie
has no obligation to pay or provide, and cannot be ordered to pay or provide any judgments, sums,
awards, monies and/or benefits in connection with any litigation or claims made by anyone under
any section of the subject policy on behalf of Defendant JAQUAN HARDAWAY relative to the
occurrence of the subject incident;
D. a judgment granting a permanent stay of any current or future proceedings
including but not limited to lawsuits, arbitrations, and/or claims commenced against Erie for the
recovery of first-party no-fault benefits and/or UM/SUM benefits relating to the subject incident
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MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203
(716) 855-2800 • FAX (716) 855-2816
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by or on behalf of Defendant JAQUAN HARDAWAY and/or any of his assignees, including the
treatment provider defendants named herein, along with any insurers seeking loss transfer against
Erie after having paid such benefits on behalf of Defendant JAQUAN HARDAWAY;
E. a judgment declaring that, due to the fraudulent nature of the subject incident, Erie
has no obligation to defend or indemnify against any claims brought by Defendant JAQUAN
HARDAWAY and/or any of his assignees relative to the subject incident, including the treatment
provider defendants named herein;
F. a judgment declaring that Erie is entitled to a hearing, and/or that Erie is entitled to
present evidence to recover the reasonable costs and attorneys’ fees it incurred in connection with
its filing and prosecution of this action;
G. a judgment declaring that Erie is entitled to a hearing, and/or is entitled to present
evidence to recover any and all reasonable costs and attorneys’ fees it incurred and/or may incur
in connection with its defense of any litigation that has already arisen and/or may arise out of the
occurrence of the fraudulent subject incident involving Defendant JAQUAN HARDAWAY,
including its defense of any action(s) filed by any of the treatment provider defendants named
herein, and/or any such future action(s) filed by any of the treatment provider defendants named
herein and/or any other defendants named herein;
H. any such other, further, and/or different relief in favor of Erie that the Court deems
just and proper.
DATED: Buffalo, New York
April 11, 2024
________________________________
Brendan S. Byrne, Esq.
MURA LAW GROUP, PLLC
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MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203
(716) 855-2800 • FAX (716) 855-2816
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Attorneys for plaintiff
930 Rand Building
14 Lafayette Square
Buffalo, New York 14203
Buffalo, New York 14203
(716) 855-2800
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MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203
(716) 855-2800 • FAX (716) 855-2816
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Preview
FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 NEW YORK STATE SUPREME COURT COUNTY OF QUEENS ERIE INSURANCE COMPANY, Plaintiff, COMPLAINT v. Index No. ACTIVE LIFE CHIROPRACTIC PC, ADVANCE HEALTH RX INC, ALL CITY FAMILY AMBULATORY SURGERY CENTER, INC., ALL CITY FAMILY HEALTHCARE, ANDREW HALL, MD PLLC, ATLANTIC MEDICAL & DIAGNOSTIC, P.C., DR. BENJAMIN PORTAL, MD, DR. DANA T. SAVIDGE, DIANA VAVIKOVA, DC, FIRST STOP PT PC, DR. HIRAM EMMANUEL LUIGI-MARTINEZ, HOLLIS HEALING PRO INC., HUDSON VALLEY CHIROPRACTIC HEALTH SERVICES PC, IM REHAB PT, PC, JAQUAN HARDAWAY, JL MEDICAL PC, JOSEPH MARTONE, PA-C, DR. MOHAMED IBRAHIM, MOYSEY ZAVLYANOV, NORTHERN DME CORP, PSYCHOLOGY 21 P.C., R FAMILY PHARMACY INC., RONA Y. ALLEN, D.C., DR. ROBERT D. SOLOMON, DR. ROBERT N. WAXMAN, SANFORD RADIOLOGY PC, SEDATION VACATION PERIOPERATIVE MEDICINE PLLC, Defendants. -1- MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 1 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 Plaintiff, ERIE INSURANCE COMPANY (“ERIE”), by and through its attorneys, Mura Law Group, PLLC, as and for its complaint against the above-named defendants, alleges, upon information and belief, as follows: THE PRINCIPAL PARTIES A. Plaintiff 1. At all times relevant herein, ERIE was and is a foreign business corporation with its principal place of business in Erie, Pennsylvania. 2. At all times relevant herein, Erie exists and conducts business as an insurance company in the state of New York, writing and issuing insurance policies of various types, including but not limited to commercial auto policy number Q04 5140271 (“the subject policy”), which was issued to its named insured, Pure Deliver, LLC (“Erie’s insured”). B. Named Defendants 3. Upon information and belief, at all times relevant herein, Defendant ACTIVE LIFE CHIROPRACTIC PC was and/or is a domestic professional service corporation existing in the state of New York, which provides chiropractic treatment and/or services to clientele and/or patients in the state of New York. 4. Upon information and belief, Defendant ADVANCE HEALTH RX INC was and/or is a general pharmacy in the state of New York which fills prescriptions and/or provides and/or delivers medication and/or durable medical equipment (“DME”) to clientele and/or patients in the state of New York. 5. Upon information and belief, Defendants ALL CITY FAMILY AMBULATORY SURGERY CENTER, INC and/or ALL CITY FAMILY HEALTHCARE is an ambulatory surgical center and/or clinic licensed in the state of New York which provides medical services -2- MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 2 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 and/or treatment and/or diagnostic services and/or treatment to clientele and/or patients in the state of New York. 6. Upon information and belief, at all times relevant herein, Defendant ANDREW HALL, MD PLLC was and/or is a domestic professional service corporation in the state of New York which provides medical services and/or treatment and/or diagnostic services and/or treatment to clientele and/or patients in the state of New York. 7. Upon information and belief, at all times relevant herein, Defendant ATLANTIC MEDICAL & DIAGNOSTIC, P.C. was and/or is a domestic professional service corporation in the state of New York, which provides medical services and/or treatment and/or diagnostic services and/or treatment to clientele and/or patients in the state of New York. 8. Upon information and belief, at all times relevant herein, Defendant DR. BENJAMIN PORTAL, MD is a medical doctor who is licensed to practice in the state of New York and provides medical treatment and/or services and/or diagnostic treatment and/or services to clientele and/or patients in the state of New York. 9. Upon information and belief, at all times relevant herein, Defendant DR. DANA T. SAVIDGE was and/or is a psychologist and/or psychiatrist who is licensed to practice in the state of New York and provides treatment to clientele and/or patients in the state of New York. 10. Upon information and belief, at all times relevant herein, Defendant DIANA VAVIKOVA, DC, was and/or is a chiropractor who is licensed to practice in the state of New York and provides chiropractic treatment to clientele and/or patients in the state of New York. 11. Upon information and belief, at all times relevant herein, Defendant FAR ROCKAWAY MEDICAL PC was and/or is a domestic professional service corporation in the -3- MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 3 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 state of New York, which provides medical treatment and/or treatment and/or physical therapy services and/or other treatment and/or services to clientele and/or patients in the state of New York. 12. Upon information and belief, at all times relevant herein, Defendant FIRST STOP PT, PC was and/or is a domestic professional service corporation in the state of New York, which provides medical treatment and/or treatment and/or physical therapy services and/or other treatment and/or services to clientele and/or patients in the state of New York. 13. Upon information and belief, at all times relevant herein, Defendant DR. HIRAM EMMANUEL LUIGI-MARTINEZ is a medical doctor who is licensed to practice in the state of New York and provides medical treatment and/or diagnostic services to clientele and/or patients in the state of New York. 14. Upon information and belief, at all times relevant herein, Defendant HOLLIS HEALING PRO INC., was and/or is a domestic business corporation in the state of New York, which provides and/or delivers medication and/or DME to clientele and/or patients in the state of New York. 15. Upon information and belief, at all times relevant herein, Defendant HOLLY BAKHOURY was and/or is a pharmacist who is licensed to practice in the state of New York and fills and/or provides and/or delivers prescribed medication and/or DME and/or other devices to clientele and/or patients in the state of New York. 16. Upon information and belief, at all times relevant herein, Defendant HUDSON VALLEY CHIROPRACTIC HEALTH SERVICES PC was and/or is a domestic professional service corporation existing in the state of New York, which provides chiropractic treatment services and/or services to clientele and/or patients in the state of New York. -4- MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 4 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 17. Upon information and belief, at all times relevant herein, Defendant IM REHAB PT, PC was and/or is a domestic professional service corporation in the state of New York, which provides medical treatment and/or treatment and/or physical therapy services and/or other treatment and/or services to clientele and/or patients in the state of New York. 18. Upon information and belief, at all times relevant herein, Defendant JAQUAN HARDAWAY was and/or is a resident of the city of Queens, county of Queens, New York. 19. Upon information and belief, at all times relevant herein, Defendant JL MEDICAL PC was and/or is a domestic professional service corporation in the state of New York, which provides medical services and/or treatment and/or diagnostic services and/or treatment to clientele and/or patients in the state of New York. 20. Upon information and belief, at all times relevant herein, Defendant JOSEPH MARTONE, PA-C is a physicians’ assistant who is licensed to practice in the state of New York and provides medical treatment and/or diagnostic services to clientele and/or patients in the state of New York. 21. Upon information and belief, at all times relevant herein, Defendant DR. MOHAMED IBRAHIM is a physical therapist and/or doctor of physical therapy who is licensed to practice in the state of New York, and provides medical treatment and/or physical therapy treatment to clientele and/or patients in the state of New York. 22. Upon information and belief, at all times relevant herein, Defendant MOYSEY ZAVLYANOV was and/or is a pharmacist who is licensed to practice in the state of New York and fills and/or provides and/or delivers prescribed medication and/or DME and/or other devices to clientele and/or patients in the state of New York. -5- MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 5 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 23. Upon information and belief, at all times relevant herein, Defendant NORTHERN DME CORP was and/or is a domestic business corporation in the state of New York, which provides and/or delivers medication and/or DME to clientele and/or patients in the state of New York. 24. Upon information and belief, at all times relevant herein, Defendant PSYCHOLOGY 21 P.C. was and/or is a domestic professional service corporation in the state of New York which provides psychological and/or psychiatric treatment to clientele and/or patients in the state of New York. 25. Upon information and belief, Defendant R FAMILY PHARMACY INC. was and/or is a general pharmacy in the state of New York which fills prescriptions and/or provides and/or delivers medication and/or durable medical equipment (“DME”) to clientele and/or patients in the state of New York. 26. Upon information and belief, at all times relevant herein, Defendant RONA Y. ALLEN, DC, was and/or is a chiropractor who is licensed to practice in the state of New York and provides chiropractic treatment to clientele and/or patients in the state of New York. 27. Upon information and belief, at all times relevant herein, Defendant DR. ROBERT D. SOLOMON is a medical doctor who is licensed to practice in the state of New York and provides medical treatment and/or services and/or diagnostic treatment and/or services to clientele and/or patients in the state of New York. 28. Upon information and belief, at all times relevant herein, Defendant DR. ROBERT N. WAXMAN is a medical doctor who is licensed to practice in the state of New York and provides medical treatment and/or services and/or diagnostic treatment and/or services to clientele and/or patients in the state of New York. -6- MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 6 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 29. Upon information and belief, at all times relevant herein, Defendant SANFORD RADIOLOGY PC was and/or is a domestic professional service corporation in the state of New York, which provides medical services and/or treatment and/or diagnostic services and/or treatment to clientele and/or patients in the state of New York. 30. Upon information and belief, at all times relevant herein, Defendant SEDATION VACATION PERIOPERATIVE MEDICINE PLLC was and/or is a domestic professional limited liability corporation in the state of New York, which provides medical services and/or treatment and/or diagnostic services and/or treatment to clientele and/or patients in the state of New York. 31. Excluding Defendant JAQUAN HARDAWAY, Erie collectively refers to the above-named defendants as “the treatment provider defendants named herein”. THE SUBJECT INCIDENT 32. On or around May 20, 2023, Erie’s insured was in the business of operating and/or conducting a package delivery service on behalf of Amazon and/or Amazon Prime. 33. On May 20, 2023, shortly after 2:30 p.m., an employee of Erie’s insured was operating a navy-blue Dodge Ram 3500 van with “Amazon Prime” emblazoned on the sides of the van (“the Amazon van”). 34. On May 20, 2023, shortly after 2:30 p.m., in the course of performing his delivery work for Erie’s insured, the employee of Erie’s insured was operating the Amazon van on 110th Avenue near the vicinity of 110th Avenue and 172nd Street in Queens, New York. 35. On May 20, 2023, shortly after 2:30 p.m., while in the vicinity of 110th Avenue and 172nd Street in Queens, New York, the employee of Erie’s insured parked on the right shoulder of 110th Avenue in order to deliver a package to a residence located across the street from where he was parked. He delivered the package and walked across the street to get back into the -7- MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 7 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 Amazon van. He walked from the residence where he delivered the package, across the street and past the front end of the parked Amazon van in order to enter the Amazon van on its passenger’s side. 36. On May 20, 2023, shortly after 2:30 p.m., while in the vicinity of 110th Avenue and 172nd Street in Queens, New York, Defendant JAQUAN HARDAWAY was standing in the roadway near where the Amazon van was parked, and apparently watching the Amazon van itself and/or driver of the Amazon van return to the Amazon van after delivering the package. 37. After returning to the Amazon van from delivering the package, the driver of the Amazon van started the engine and began to reverse the Amazon van to pull backwards so that he could pull away from his parking spot. After watching the driver return to the Amazon van, Defendant JAQUAN HARDAWAY moved from where he had been standing and/or pacing in the roadway in order to position himself closer to the rear of the Amazon van. 38. After positioning himself closer to the rear of the Amazon van, once the Amazon van began to slowly reverse and move towards him, Defendant JAQUAN HARDAWAY suddenly moved quickly towards the rear of the reversing Amazon van and then intentionally threw his body into the rear of the Amazon van causing his body to strike the rear of the Amazon van and fall to the ground. INVESTIGATION AND AFTERMATH OF THE SUBJECT INCIDENT 39. Following the occurrence of the subject incident, Erie’s insured received and reviewed video footage showing Defendant JAQUAN HARDAWAY intentionally causing the occurrence of the subject incident as described above. Erie’s insured provided this video footage to Erie. -8- MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 8 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 40. The video footage speaks for itself and irrefutably shows that Defendant JAQUAN HARDAWAY intentionally staged and/or caused the subject incident and any alleged injuries as part of an insurance fraud scheme. 41. Following the occurrence of the subject incident, Defendant JAQUAN HARDAWAY and his attorney’s office submitted to Erie an application for no-fault coverage under the subject policy in which Defendant JAQUAN HARDAWAY alleges injuries as a result of the subject incident as follows: “multiple injuries: left knee, back, neck, left leg, left ankle”. 42. Following its receipt of the no-fault claim and the video of the subject incident, Erie retained counsel and conducted examination under oath (“EUO”) of the driver of the Amazon van at the time of the subject incident. 43. The video evidence, and testimony from the driver of the Amazon van fully supports that the subject incident arises out of an intentional act perpetrated by Defendant JAQUAN HARDAWAY as part of an insurance fraud scheme. 44. Additionally, Erie conducted EUO of Defendant JAQUAN HARDAWAY relative to the subject incident and his no-fault claim arising out of same. 45. At EUO, Defendant JAQUAN HARDAWAY provided untruthful testimony about the occurrence of the subject incident in an obvious attempt to further his insurance fraud scheme. 46. Following completion of the EUO of Defendant JAQUAN HARDAWAY, Defendant Hardaway was arrested on criminal charges in relation to the intentional and/or fraudulent nature of the occurrence of the subject incident. 47. As such, to further investigate the insurance fraud scheme being perpetrated by Defendant JAQUAN HARDAWAY and the criminal charges he received, Erie sent to Defendant JAQUAN HARDAWAY a post-EUO request for verification. -9- MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 9 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 48. Upon information and belief, Defendant JAQUAN HARDAWAY failed to sufficiently respond to Erie’s post-EUO request for verification within 120 days and also failed to provide written proof setting forth a reasonable justification for his failure to comply. 49. In addition to committing insurance fraud by intentionally causing his own injuries and then asserting a no-fault claim and/or injury claim relative the subject incident, Defendant JAQUAN HARDAWAY also violated the rights and duties- general policy conditions of the subject policy by failing to cooperate with Erie’s investigation by presenting his fraudulent claim, testifying untruthfully at EUO, and failing to respond to Erie’s post-EUO request for verification, and/or failing to provide written proof of a reasonable justification for failing to comply. 50. Following the occurrence of the subject incident, Erie received information that, relative to the occurrence of the subject incident, Defendant JAQUAN HARDAWAY allegedly received medical treatment, chiropractic treatment, physical therapy treatment, diagnostic treatment, prescription medication, DME, and/or other such treatment and/or medication and/or devices and/or services from the treatment provider defendants named herein. 51. Upon information and belief, Defendant JAQUAN HARDAWAY allegedly has assigned and/or will assign any rights he may have to collect no-fault benefits and/or additional PIP coverage (“APIP”) under the subject policy to the treatment provider defendants named herein. SUBJECT POLICY 52. The subject policy includes liability coverage limits of $1,000,000.00. 53. The subject policy includes personal injury protection (“PIP”) coverage, which includes $50,000.00 in mandatory basic economic loss, $25,000.00 in optional basic economic loss and $100,000.00 in APIP for a total of $175,000.00 in aggregate PIP and/or APIP coverage. - 10 - MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 10 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 54. The subject policy also includes supplemental uninsured/ underinsured motorists coverage (“UM/SUM coverage”), liability coverage, physical damages coverage, and other coverages. 55. The subject policy provides, in pertinent part, as follows: 56. Also, the subject policy provides, in pertinent part, as follows: 57. Further, the mandatory PIP endorsement of the subject policy provides in pertinent part as follows: - 11 - MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 11 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 58. Further, the APIP endorsement of the subject policy provides in pertinent part as follows: AS AND FOR A FIRST CAUSE OF ACTION DECLARATORY RELIEF – THE SUBJECT POLICY IS VOID 59. Erie repeats and realleges the allegations contained in paragraphs “1” through “58”, inclusive, with the same force and effect as if fully set forth herein. 60. Any policy benefits and coverage afforded under the subject policy are not due and owing to Defendant JAQUAN HARDAWAY and/or any of his assignees including any and all of the treatment provider defendants named herein as the subject policy is void due to the fraud, material misrepresentations, and/or breach of the subject policy conditions by Defendant JAQUAN HARDAWAY as set forth above. - 12 - MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 12 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 61. Because of the blatant fraud and intentional nature of the subject incident, as well as the breach of the subject policy conditions by Defendant JAQUAN HARDAWAY, the subject policy is void ab initio with respect to any claims made under any portion of the subject policy by Defendant JAQUAN HARDAWAY and/or any of his alleged assignees including any and all of the treatment provider defendants named herein. 62. By reason of the foregoing, Erie is entitled to an order declaring that it cannot be ordered to provide any coverage and/or benefits under the liability coverage and/or mandatory PIP endorsement and/or APIP endorsement and/or UM/SUM endorsement and/or any portion of the subject policy to Defendant JAQUAN HARDAWAY, any medical providers as assignees of Defendant JAQUAN HARDAWAY including any and all of the treatment provider defendants named herein, along with any insurers seeking loss transfer against Erie after having paid such benefits on behalf of Defendant JAQUAN HARDAWAY. 63. By reason of the foregoing, Erie is entitled to an order declaring that it is entitled to a permanent stay of any litigation arising out of any UM/SUM and/or no-fault claims brought by or on behalf of Defendant JAQUAN HARDAWAY and/or any medical providers as assignees of Defendant JAQUAN HARDAWAY including any and all of the treatment provider defendants named herein relative to the subject incident, along with any insurers seeking loss transfer against ERIE after having paid such benefits on behalf of Defendant JAQUAN HARDAWAY relative to the subject incident. AS AND FOR A SECOND CAUSE OF ACTION DECLARATORY RELIEF – MANDATORY PIP BENEFITS AND APIP BENEFITS 64. Erie repeats and realleges the allegations contained in paragraphs “1” through “63”, inclusive, with the same force and effect as if fully set forth herein. - 13 - MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 13 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 65. As set forth above, Defendant JAQUAN HARDAWAY intentionally physically contacted the Amazon van operated by Erie’s insured and thereby intentionally caused the subject incident and any alleged injuries as part of an insurance fraud scheme. 66. Consequently, Defendant JAQUAN HARDAWAY is not entitled to coverage under the mandatory PIP endorsement of the subject policy and/or the APIP endorsement of the subject policy. 67. By reason of the foregoing, Erie is entitled to an order declaring that it cannot be ordered to provide any coverage or benefits under the mandatory PIP endorsement and/or APIP endorsement of the subject policy, and/or to provide any other available no-fault benefits and/or medical payments coverage to Defendant JAQUAN HARDAWAY, and any medical providers as assignees of Defendant JAQUAN HARDAWAY, including any and all of the treatment provider defendants named herein, along with any insurers seeking loss transfer against Erie after having paid such benefits on behalf of Defendant JAQUAN HARDAWAY, with respect to any current or future litigation proceedings, including but not limited to any and all arbitrations, lawsuits, and/or claims seeking recovery of first-party no-fault benefits and/or PIP and/or APIP relative to the subject incident. AS AND FOR A THIRD CAUSE OF ACTION DECLARATORY RELIEF - LIABILITY COVERAGES/ BODILY INJURY LIABILITY COVERAGE 68. Erie repeats and realleges the allegations contained in paragraphs “1” through “67”, inclusive, with the same force and effect as if fully set forth herein. 69. As set forth above, Defendant JAQUAN HARDAWAY intentionally physically contacted the Amazon van operated by Erie’s insured and thereby intentionally caused the subject incident and any alleged injuries as part of an insurance fraud scheme. - 14 - MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 14 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 70. Consequently, Defendant JAQUAN HARDAWAY is not entitled to receive any coverage under the liability coverages section of the subject policy and/or the bodily injury liability coverage section of the subject policy. 71. Further, because of the fraud which voids the subject policy, Erie cannot be compelled, obligated and/or ordered to provide coverage under the liability coverages section of the subject policy and/or the bodily injury liability coverage section of the subject policy and/or make any payments under the liability coverages section and/or bodily injury liability coverage section of the subject policy to Defendant JAQUAN HARDAWAY relative to the occurrence of the subject incident and/or relative to any injury claims that Defendant JAQUAN HARDAWAY may bring relative to the subject incident. AS AND FOR A FOURTH CAUSE OF ACTION DECLARATORY RELIEF – SUPPLEMENTARY UNINSURED/ UNDERINSURED MOTORISTS COVERAGE 72. Erie repeats and realleges the allegations contained in paragraphs “1” through “71”, inclusive, with the same force and effect as if fully set forth herein. 73. As set forth above, Defendant JAQUAN HARDAWAY intentionally contacted the Amazon van operated by Erie’s insured and thereby intentionally caused the subject incident as part of an insurance fraud scheme. 74. Consequently, Defendant JAQUAN HARDAWAY is not entitled to receive any coverage and/or benefits under the UM/SUM coverage section of the subject policy. 75. Further, because of the subject policy being void due to the fraud and failure to cooperate with Erie’s investigation, Erie cannot be compelled, obligated and/or ordered to provide coverage and/or benefits to Defendant JAQUAN HARDAWAY for any claims brought by or on - 15 - MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 15 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 his behalf under the UM/SUM section of the subject policy relative to the occurrence of the subject incident. AS AND FOR A FIFTH CAUSE OF ACTION INJUNCTIVE RELIEF – PERMANENT STAY OF ALL LITIGATION RELATED TO THE SUBJECT INCIDENT 76. Erie repeats and realleges the allegations contained in paragraphs “1” through “75”, inclusive, with the same force and effect as if fully set forth herein. 77. Erie will suffer irreparable harm if a permanent stay is not issued of any current or future proceedings including but not limited to any and all arbitrations and/or lawsuits arising out of any no-fault claims brought by Defendant JAQUAN HARDAWAY and/or any medical providers as assignees of Defendant JAQUAN HARDAWAY including any and all of the treatment provider defendants named herein, along with any insurers seeking loss transfer against ERIE after having paid such benefits on behalf of Defendant JAQUAN HARDAWAY relative to the subject incident. 78. Erie will suffer irreparable harm if a permanent stay is not issued of any current or future litigation proceedings including but not limited to any and all arbitrations and/or lawsuits arising out of any UM/SUM claim(s) brought by Defendant JAQUAN HARDAWAY relative to the subject incident. 79. By reason of the foregoing, Erie is entitled to judgment granting a permanent stay of any current or future litigation proceedings related to the subject incident including but not limited to lawsuits, arbitrations, and/or claims commenced against Erie seeking any coverage and/or benefits under any section of the subject policy, which is void due to the fraud and breach of the conditions of the subject policy by Defendant JAQUAN HARDAWAY in connection with the occurrence of the fraudulent subject incident and his ensuing fraudulent claims. - 16 - MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 16 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 80. There exists a justiciable controversy between and among the parties to this action, which is ripe for adjudication. 81. Erie has no adequate remedy at law. WHEREFORE, ERIE respectfully demands: A. a judgment declaring that due to the fraudulent nature of the subject incident, Erie is not obligated to provide, and cannot be ordered to provide any insurance coverage relative to the subject incident whatsoever under the subject policy to Defendant JAQUAN HARDAWAY and/or any of his assignees, including the treatment provider defendants named herein; B. a judgment declaring that, due to the fraudulent nature of the subject incident, Erie has no obligation to pay or provide, and cannot be ordered to pay or provide any first-party no- fault and/or UM/SUM benefits to Defendant JAQUAN HARDAWAY and/or any of his assignees, including the treatment provider defendants named herein and/or to any other medical providers as assignees of Defendant JAQUAN HARDAWAY not named herein, along with any insurers seeking loss transfer against ERIE after having paid such benefits on behalf of Defendant JAQUAN HARDAWAY; C. a judgment declaring that, due to the fraudulent nature of the subject incident, Erie has no obligation to pay or provide, and cannot be ordered to pay or provide any judgments, sums, awards, monies and/or benefits in connection with any litigation or claims made by anyone under any section of the subject policy on behalf of Defendant JAQUAN HARDAWAY relative to the occurrence of the subject incident; D. a judgment granting a permanent stay of any current or future proceedings including but not limited to lawsuits, arbitrations, and/or claims commenced against Erie for the recovery of first-party no-fault benefits and/or UM/SUM benefits relating to the subject incident - 17 - MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 17 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 by or on behalf of Defendant JAQUAN HARDAWAY and/or any of his assignees, including the treatment provider defendants named herein, along with any insurers seeking loss transfer against Erie after having paid such benefits on behalf of Defendant JAQUAN HARDAWAY; E. a judgment declaring that, due to the fraudulent nature of the subject incident, Erie has no obligation to defend or indemnify against any claims brought by Defendant JAQUAN HARDAWAY and/or any of his assignees relative to the subject incident, including the treatment provider defendants named herein; F. a judgment declaring that Erie is entitled to a hearing, and/or that Erie is entitled to present evidence to recover the reasonable costs and attorneys’ fees it incurred in connection with its filing and prosecution of this action; G. a judgment declaring that Erie is entitled to a hearing, and/or is entitled to present evidence to recover any and all reasonable costs and attorneys’ fees it incurred and/or may incur in connection with its defense of any litigation that has already arisen and/or may arise out of the occurrence of the fraudulent subject incident involving Defendant JAQUAN HARDAWAY, including its defense of any action(s) filed by any of the treatment provider defendants named herein, and/or any such future action(s) filed by any of the treatment provider defendants named herein and/or any other defendants named herein; H. any such other, further, and/or different relief in favor of Erie that the Court deems just and proper. DATED: Buffalo, New York April 11, 2024 ________________________________ Brendan S. Byrne, Esq. MURA LAW GROUP, PLLC - 18 - MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 18 of 19 FILED: QUEENS COUNTY CLERK 04/11/2024 04:29 PM INDEX NO. 707824/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 04/11/2024 Attorneys for plaintiff 930 Rand Building 14 Lafayette Square Buffalo, New York 14203 Buffalo, New York 14203 (716) 855-2800 - 19 - MURA LAW GROUP, PLLC • 930 RAND BUILDING • 14 LAFAYETTE SQUARE • BUFFALO, NEW YORK 14203 (716) 855-2800 • FAX (716) 855-2816 19 of 19