Complaint,Petition: Liberty Mutual Insurance Company, Liberty Mutual Fire Insurance Company v. Michelle S. Carter, Aron Rovner Md, Pllc, Brook Chiropractic Of Ny P.C., Citimedical I, Pllc, Dignity Pt, P.C., Frank Sauchelli, M.D., Gentle Care Acupuncture, P.C., Jules F. Parisien, July Pt, P.C., Lefferts Gardens Chiropractic P.C., Life Rehab Pt, P.C., Longevity Medical Supply, Inc., Nyc Community Medical Care P.C., Quantum Rehab, Physical Therapy, P.C., Yjr Acupuncture P.C.

On May 30, 2018 a Complaint,Petition was filed involving a dispute between Liberty Mutual Fire Insurance Company, Liberty Mutual Insurance Company, and Aron Rovner Md, Pllc, Brook Chiropractic Of Ny P.C., Citimedical I, Pllc, Dignity Pt, P.C., Frank Sauchelli, M.D., Gentle Care Acupuncture, P.C., Jules F. Parisien, July Pt, P.C., Lefferts Gardens Chiropractic P.C., Life Rehab Pt, P.C., Longevity Medical Supply, Inc., Michelle S. Carter, Nyc Community Medical Care P.C., Physical Therapy, P.C., Quantum Rehab, Yjr Acupuncture P.C., for Commercial - Insurance in the District Court of New York County.

Preview
FILED: NEW YORK COUNTY CLERK 05/30/2018 10:00 AM INDEX NO. 652670/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/30/2018

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
X
------------------------------------------------------------X
LIBERTY MUTUAL INSURANCE COMPANY
and LIBERTY MUTUAL FIRE INSURANCE
COMPANY
Plaintiffs
SUMMONS
-against-

Index No.:
MICHELLE S. CARTER,
Defendant"
"Indivdual
-and-

ARON ROVNER MD, PLLC,
BROOK CHIROPRACTIC OF NY P.C.,
CITIMEDICAL I,PLLC,
DIGNITY PT, P.C.,
FRANK SAUCHELLI, M.D.,
GENTLE CARE ACUPUNCTURE, P.C.,
JULES F PARISIEN,
JULY PT, P.C.,
LEFFERTS GARDENS CHIROPRACTIC P.C.,
LIFE REHAB PT, P.C.,
LONGEVITY MEDICAL SUPPLY, INC.,
NYC COMMUNITY MEDICAL CARE P.C.,
QUANTUM REHAB, PHYSICAL THERAPY, P.C.,
YJR ACUPUNCTURE P.C.,
Defendants"
"Medical Provider

collectively, the Defendants.
X
-------------------------------------------------------------X

TO THE ABOVE NAMED DEFENDANTS:

YOU ARE HEREBY SUMMONED to answer the Complaint of the Plaintiffs, a copy of

which is hereby served upon you, and to serve copies of your answers upon the undersigned within

twenty (20) days after service upon you of the Summons and Complaint, exclusive of the day of

service (or within 30 days after the service is complete if this summons and complaint is not

personally delivered to you within the State of New York). In the event you fail to answer the

Plaintiffs'
Plaintiffs Complaint, judgment will be taken against you by default for the relief demanded in the

Complaint.

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Dated: White Plains, New York
March 2, 2018

Yours etc.,

Geraldine Aine, Esquire

BURKE, CONWAY & DILLON
Attorneys for Plaintiffs

LIBERTY MUTUAL INSURANCE
COMPANY and
LIBERTY MUTUAL FIRE INSURANCE
COMPANY
10 Bank Street
Suite 1200
White Plains, NY 10606
914-997-8100

TO:
MARK GELLER & ASSOC.
Attorneys for Individual Defendant
MICHELLE S. CARTER
1639 East 13th Street

Brooklyn, NY 11229

ARON ROVNER MD, PLLC
245 E. 84th Street
New York, New York, 10028

BROOK CHIROPRACTIC OF NY P.C.
129 Livingston St

Brooklyn, NY 11201-5105

DOS Process:

SPIEGEL & UTRERA, P.A., P.C.
1 Maiden Lane, 5th Floor
New York, New York, 10038

CITIMEDICAL I,PLLC
6336 99th St 1st FL
Rego Park, NY 11374
DOS Process:

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THE RUSSELL FRIEDMAN LAW GROUP, LLP
3000 Marcus Ave., Ste.2E03
Lake Success, New York, 11042

DIGNITY PT, P.C.
1247 74th St FL 2

Brooklyn, New York 11228

FRANK SAUCHELLI, M.D.
190 Midland Ave.
Saddle Brook, NJ 07663-6408
AND
CITY ANESTHESIA HEALTHCARE, PC
3910 Church Ave.

Brooklyn, NY 11203

GENTLE CARE ACUPUNCTURE, P.C.
143 Hughes Place

Albertson, New York, 11507

JULES F PARISIEN
1545 Atlantic Ave

Brooklyn, NY 11213
AND
PO Box 290092

Brooklyn, NY 11229

JULY PT, P.C.
73rd
65 Street,
Brooklyn, New York 11209

LEFFERTS GARDENS CHIROPRACTIC P.C.
522 Lefferts Ave Office C

Brooklyn, New York 11225
AND
129 Livingston St

Brooklyn, NY 11201

LIFE REHAB PT, P.C.
156 92nd Street, B3

Brooklyn, New York 11209
AND
LIFE REHAB PT, P.C.
1369 Broadway
Brooklyn, NY 11221

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PO Box 211026

Brooklyn, NY 11221

LONGEVITY MEDICAL SUPPLY, INC.
7323 20th Avenue

Brooklyn, New York 11204

NYC COMMUNITY MEDICAL CARE P.C.
DOMESTIC PROFESSIONAL CORPORATION
DOS PROCESS:
ATAUL HAKIM CHOWDHURY
97-03 191ST STREET
Jamaica, New York 11423
AND
1268 White Plains Road

Bronx, New York 10472
AND
PO BOX 620753
Little Neck, NY 11362

QUANTUM REHAB, PHYSICAL THERAPY, P.C.
32-56 Steinway St Ste B

Astoria, New York, 11103
And
2220 65th St Ste 111

Brooklyn, NY 11204

YJR ACUPUNCTURE P.C.
C/O Offices of Gabriel & Shapiro LLC
3361 Park Ave Ste 1000

Wantagh, NY 11793
AND
3165 138TH STREET, #2H
FLUSHING, NEW YORK, 11354
AND
PO BOX 650499
FRESH MEADOWS, NY 11365

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-----------------------------------------------------------------------X
LIBERTY MUTUAL INSURANCE COMPANY
and LIBERTY MUTUAL FIRE INSURANCE
COMPANY
Plaintiffs,

-against-

MICHELLE S. CARTER,
Defendant"
"Indivdual
-and-

VERIFIED
ARON ROVNER MD, PLLC '
COMPLAINT
BROOK CHIROPRACTIC OF NY P.C.,
CITIMEDICAL I,PLLC ' ·
Index No
DIGNITY PT, P.C.,
FRANK SAUCHELLI, M.D.,
GENTLE CARE ACUPUNCTURE, P.C.,
JULES FRANCOIS PARISIEN
JULY PT, P.C.,
LEFFERTS GARDENS CHIROPRACTIC P.C.,
LIFE REHAB PT, P.C.,
LONGEVITY MEDICAL SUPPLY, INC.,
NYC COMMUNITY MEDICAL CARE P.C.,
QUANTUM REHAB, PHYSICAL THERAPY, P.C.,
YJR ACUPUNCTURE P.C.,
Defendants"
"Medical Provider

collectively, the Defendants.
-----------------------------------------------------------------------X

Plaintiffs, LIBERTY MUTUAL INSURANCE COMPANY and LIBERTY MUTUAL
"Plaintiffs" Mutual"
FIRE INSURANCE (hereinafter or "Liberty Mutual") by and through its attorneys,

Law Office of Burke, Conway & Dillon as set forth in itsVerified Complaint in this action, hereby

allege, upon information and belief, as follows:

Introduction

This is an action for a declaratory judgment pursuant to CPLR § 3017(b) defining and

declaring the rights, duties, obligations and legal relationships by and between the Plaintiffs and the

above-named De fendants.

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1. This action stems from claims by the Individual and Medical Provider Defendants

seeking reimbursement for billssubmitted to the Plaintiffs under New York's No-Fault laws. This

action seeks a Preliminary Injunction barring the Defendants from seeking any No-Fault

reimbursement in connection with allclaims brought out of the alleged motor vehicle accident

involving the Individual Defendant as detailed hereinafter; a Stay of allpending litigation and/or

arbitrations now brought by the Defendants involving these claims that exist in the Civil Courts of

the City of New York, other Courts in the State of New York or arbitrations administered through

the American Arbitration Association; a Declaration prohibiting the Defendants from further

submitting bills to Plaintiffs for No-Fault reimbursement connected with this claim or from

commencing new litigation; and an overall Declaration from the Court affirming that the denials of

allclaims for No-Fault benefits by the Plaintiffs were proper.

Jurisdiction And Venue

2. This court has personal jurisdiction over this matter under CPLR §§301, 302(a)(1), and

302(a)(3).

3. Venue is proper in New York County based on Plaintiffs transacting business in New

York County by virtue of selling policies of automobile insurance to residents of New York County.

Moreover, Plaintiffs maintain several office locations in New York County including an office at

One Battery Park Plaza, 30th Floor New York, NY 10004

Parties
Plaintiffs

4. Collectively, the Plaintiffs are insurance companies under the Liberty Mutual umbrella

that are authorized to write insurance policies in New York State.

5. Plaintiff,Liberty Mutual Fire Insurance is a Liberty Mutual Company, a Massachusetts

corporation with a principal place of business at 175 Berkeley Street, Boston, Massachusetts 02116.

6. Liberty Mutual is authorized to write insurance policies in New York State and Liberty

Mutual transacts business in allcounties of the State of New York.

7. Plaintiffs wrote an insurance policy issued to Individual Defendant Michelle S. Carter.

Defendants
Individual Defendant

"Carter"
8. Upon information and belief, Defendant Michelle S. Carter (hereinafter, "Carter") is an

individual residing in the State of New York at 281 Hinsdale St.,Brooklyn, New York.

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Medical Provider Defendants

9. Upon information and belief, Defendant ARON ROVNER MD, PLLC is a domestic

professional service limited liabilitycompany which is transacting or has transacted business in the

State of New York at 245 E. 84th Street New York, New York 10028.

10. Upon information and belief, Defendant BROOK CHIROPRACTIC OF NY P.C. is a

domestic professional corporation which is transacting or has transacted business in the State of

New York at 129 Livingston St. Brooldyn, NY 11201.

11. Upon information and belief, Defendant CITIMEDICAL I,PLLC is a domestic

professional service limited liabilitycompany which is transacting or has transacted business in the

State of New York at 6336 99th St 1st Fl, Rego Park, NY 11374.

12. Upon information and belief, Defendant DIGNITY PT, P.C. is a domestic

professional corporation which is transacting or has transacted business in the State of New York at

1247 74th St.,F1 2, Brooklyn, New York 11228 at 2896 Shell Rd., Ste. #7, Brooklyn, New York

11224 and at 3910 Church Avenue, Brooklyn, New York 11203.

13. Upon information and belief, Defendant FRANK SAUCHELLI, M.D. is a physician

which is transacting or has transacted business in the State of New York at CITY ANESTHESIA

HEALTHCARE, PC, 3910 Church Avenue Brooklyn, NY 11203 and in the State of New Jersey at

190 Midland Ave., Saddle Brook, NJ 07663.

14. Upon information and belief, Defendant GENTLE CARE ACUPUNCTURE, P.C. is a

domestic professional corporation which is transacting or has transacted business in the State of

New York at 143 Hughes Place, Albertson, New York, 11507 and at 3910 Church Avenue,

Brooklyn New York 11203

15. Upon information and belief, Defendant JULES FRANCOIS PARISIEN is a physician

which is transacting or has transacted business in the State of New York at 1545 Atlantic Ave.

Brooklyn, NY 11213 and at 3910 Church Avenue, Brooklyn, NY with a mailing address of PO Box

290092 Brooklyn, NY 11229.

16. Upon information and belief, Defendant JULY PT, P.C. is a domestic professional

corporation which is or has transacted business in the State of New York at 65 73rd
transacting

Street, Brooklyn, New York 11209.

17. Upon information and belief, Defendant LEFFERTS GARDENS CHIROPRACTIC

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P.C., is a domestic professional corporation which is transacting or has transacted business in the

State of New York at 522 Lefferts Ave Office C, Brooklyn, New York 11225 and at 129 Livingston

St.,Brooldyn, NY 11201 with a mailing address of PO Box 211026, Brooldyn, NY 11221.

18. Upon information and belief, Defendant LIFE REHAB PT, P.C. is a domestic

professional corporation, which is transacting or has transacted business in the State of New York at

156 92ND New 11209 and at 1369 NY 11221 with a
St, B3, Brooldyn, York, Broadway Brooklyn,

mailing address of PO Box 211026, Brooklyn, NY 11221.

19. Upon information and belief, Defendant LONGEVITY MEDICAL SUPPLY, INC. is

a domestic business corporation which is transacting or has transacted business in the State of New

York at 7323 20TH New York 11204.
Avenue, Brooldyn,

20. Upon information and belief, Defendant NYC COMMUNITY MEDICAL CARE P.C.

is a domestic professional corporation which is transacting or has transacted business in the State of

New York at 97-03 191st New 11423 and at 1268 White Plains
Street,Jamaica, York, Road, Bronx,

New York 10472 with a mailing address of PO BOX 620753 Little Neck, NY 11362.

21. Upon information and belief, Defendant QUANTUM REHAB, PHYSICAL

THERAPY, P.C. is a domestic professional corporation domestic which is transacting or has

transacted business in the State of New York at 32-56 Steinway St., Ste B Astoria, New York, 11103

and 2220 65th St. Ste 111 Brooklyn, NY.

22. Upon information and belief, Defendant YJR ACUPUNCTURE P.C. is a domestic

professional corporation, which is transacting or has transacted business in the State of New York at

3165 138TH New 11354 and a billing address of PO Box 650499 Fresh
Street, #2H, Flushing, York,

Meadows, NY 11365.

Factual Background

23. This action arises out of claims for no-fault reimbursement stemming from a motor

vehicle accident involving Individual Defendant, Michelle S. Carter on September 24, 2017

occurrence"
(hereinafter referred to as "the or "the accident").

policy"
24. The policy ("the policy") in question was issued to Michelle Carter under policy number

AO222841577840, effective August 9, 2017 through May 24, 2018 with limits of no-fault medical

billcoverage of $50,000 per person.

25. Individual Defendant, Michelle S. Carter, secured the policy using the address of 2894

Anderson St.,Wantagh, New York.

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26. Individual Defendant, Carter, misrepresented her residence to procure the motor

vehicle insurance policy with Plaintiffs.

27. Individual Defendant, Carter, misrepresented her residence to procure the motor

vehicle insurance policy with Plaintiffs using the Wantagh, New York address in order to secure a

lower insurance rate.

28. Upon information and belief, the premium charged for the 2894 Anderson St.,

Wantagh New York address would be materially different than that charged had the insured listed

her true address at 281 Hinsdale St.,Brooklyn, New York on the policy application.

29. According to the police report, the accident occurred on September 24, 2017 at the

intersection of Linden Blvd and East 43rd St. in Brooklyn, NY.

30. Following the accident, the Individual Defendant sought medical treatment for her

alleged injuries.

31. The Medical Provider Defendants then submitted bills on assignment from the

Individual Defendants to the Plaintiffs seeking No-Fault and bodily injury reimbursement.

32. The following Medical Provider Defendants submitted bills for.Carter:

All Billing for Michelle S. Carter

ARON ROVNER MD, PLLC, $104.08

BROOK CHIROPRACTIC OF NY P.C., $3674.64

CITIMEDICAL I,PLLC, $2750.28

DIGNITY PT, P.C., $925.54

FRANK SAUCHELLI, M.D., $190.00

GENTLE CARE ACUPUNCTURE, P.C., $252.35

JULES F PARISIEN $3185.63

JULY PT, P.C., $492.00

LEFFERTS GARDENS CHIROPRACTIC P.C., $2400.00

LIFE REHAB PT, P.C., $4758.04

LONGEVITY MEDICAL SUPPLY, INC., $1919.17

NYC COMMUNITY MEDICAL CARE P.C., $1645.68

QUANTUM REHAB, PHYSICAL THERAPY, P.C., $967.20

YJR ACUPUNCTURE P.C., $1409.66

TOTAL $24,674.27

33. The total medical billing under the claim to date is $24,674.27.

34. The No-Fault reimbursement laws of the State of New York call for the swift payment

of medical billsby the insurer of the vehicle involved in the motor vehicle accident but permit the

insurer to disallow payments for those not medically necessary, those medical billsfor treatment

unrelated to the accident, or those for which there is no coverage. Further, itallows providers to

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conduct reasonable investigation and require Examinations under Oath ("EUO")of the parties to

determine the legitimacy of the claims.

35. Following the initialsubmission of the billsby the Medical Provider Defendants,

Plaintiffs began an investigation to verify the residency of the Individual Defendant. In doing so, an

investigator visited the suspected address in Brooldyn, NY. The investigator was informed that

Carter was not home so he left his business card. It should be noted that the investigator observed

the insured vehicle outside of the suspected residence of 291 Hinsdale St. Brooklyn, NY.

36. Shortly after this occurred Carter contacted the investigator. By way of Carter's

knowledge and her permission, the investigator obtained a recorded statement. The Individual

Defendant Carter stated that she stays in Brooldyn because she works in Brooklyn. Indeed, allher

tax records and paystubs reflect the Brooklyn, NY address. Her vehicle is garaged in Brooklyn, NY.

37. Carter did not provide, and could not provide, any proof of residency in Wantagh, NY.

She does not pay any rent at the Wantagh, NY address. All her mail goes to the Brooklyn, NY

address. The investigator confirmed that she does not live in Wantagh, NY and really livesin

Brooklyn, NY. Carter confirmed and admitted that she does not live in Wantagh, NY and instead

lives in Brooklyn, NY.

38. As a result of this information, Plaintiffs requested an Examination Under Oath (EUO)

of the Individual Defendant in order to verify the residency of the Individual Defendant. On

November 30, 2017, Carter appeared for her scheduled EUO. She provided inconsistent testimony.

However, her driver's license noted the Brooklyn, NY address and she was unable to name any

streets, or businesses near the policy address in Wantagh, NY. Her testimony revealed that:

• She is employed Woodhall Hospital (in Brooklyn, as a nurse since 2004.
by NY)
• Her license is registered to the Brooklyn, NY address.
• Her W'2 liststhe Brooklyn, NY address.
• Her Bank of America and MCU bank accounts also listthe Brooklyn, NY address.
• Her Federal and State income taxes for 2014, 2015 and 2016 reflect the Brooklyn,
NY address. She has never filed her income taxes using the Wantagh, NY address.
• She only has Verizon wireless which liststhe Brooklyn, NY address.
• She could not identify the alleged daily route from Wantagh, NY to her
job at Woodhall Hospital, Brooklyn, NY.
• She goes to church in Brooklyn, NY.
• All her doctors are in Brooklyn, NY.
• She does not conduct type of business in Wantagh, NY.
any

39. It was clear from the above testimony that she did not know basic information as to the

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route she drove for six (6) years from her residence in Wantagh, NY to her job at Woodhall

Hospital in Brooldyn, NY. Carter did not know the name of any businesses that were nearby where

she resided. Further, there were many contradictions between Carter's recorded statement and her

testimony at her EUO. It isevident that she did not reside at the address in Wantagh, NY. Further,

a Vehicle Locator Report shows that her vehicle was located in Brooklyn, NY 455 times from

March 20, 2011 to November 28, 2017. The evidence shows that Carter does not reside at the

Liberty policy address in Wantagh NY and the location where the insured vehicle was garaged was

in Brooldyn, NY and not at the Liberty policy address in Wantagh, NY.

Statement of Facts
Applicable Law

40. Under the policy, claimants are obligated to appear for examinations under oath to

substantiate their claim. This policy clause is in accordance with the applicable New York law.

41. Each bill submitted by Defendants for reimbursement to Plaintiffs is alsogoverned by

New York State Regulation 68A, NYCRR § 65-1.1, Conditions, Actions Against Company and

Proof of Claim, which states that an insurer like the Plaintiffs may require any insured making a

claim under the policy to provide information regarding the legitimacy of the claim in a reasonable

manner and that:

"No action shall lieagainst the Company unless, as a condition precedent thereto,
there shallhave been full compliance with the terms of this coverage
...
Upon request by the Company, the eligibleinjured person or that person's
assignee or representative shall:

(a) execute a written proof of claim under oath;

(b) as may reasonably be required submit to examinations under oath by any
person named by the Company and subscribe the same;

records; and

(d) provide any other pertinent information that may assist the Company in
payable."
determining the amount due and

42. Coverage cannot be created after an occurrence. It must exist originally or it does not

exist at all.See Matter of Worcester Ins. Co. v. Bettenhauser, 95 N.Y.2d 185, 712 N.Y.S2d 433

(2000); CGU Ins v. Guadagno, 280 A.D.2d 509, 720 N.Y.S2d 201 (2d Dep't 2001).

43. An assignee does not stand in a better position than his assignor. "He is subject to all

the equities and burdens which attach to the property assigned because he receives no more and can

assignor."
do no more than his Int'1Ribbon Mills Ltd. v. Ar'an Ribbons Inc., 36 N.Y.2d 121, 126,

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325 N.E.2d 137, 139, 365 N.Y.2d 808,811 (1975); See also Abraham v. Hanover Ins. Co., 66 A.D.2d

808, 411 N.Y.S2d 355 (2d Dep't 1978).

44. Each and every one of the Medical Provider Defendants is an assignee of the Individual

No-Fault Defendant.

45. Where an insured misrepresents his address in order to obtain a less expensive

premium, the insurer is permitted to raise such material misrepresentation as a defense to any action

by him or his assignors. The controlling law is as follows:

Although Vehicle and Tra(fic Law § 313 does not permit an insurer to cancel an
automobile insurance polig retroactivelyon the grounds of fraud or misrepresentation(see
Matter of Liberty Mut. Ins. Co. v. McClellan, 127 A.D.2d 767, 769, 512
N.Y.S.2d 161 [1987] ), an insurer may assert misrepresentation or fraud as an
affirmativedefense in an action by an insured to recoverbenefitsunder thepolig ( see
Matter of Insurance Co. ofN. .Am.
Am. v. Kaplun, 274 A.D.2d 293,.298-299
298-299, 713
214 '
N.Y.S.2d [2000]; Matter ofLiberty Mut. Ins. Co. v. McClellan, 127 A.D.2d
at 770, 512 N.Y.S.2d 161). .

AA Acupuncture Service, P.C. v.Safeco Ins. Co. of America
25 Misc.3d 30, 887 N.Y.S.2d 739 (Supreme Court, Appellate
1st
Term, Department, 2009)

An insurance carder that is from rescinding a polig due
retroactively to fraud
is not without means ofredress.For example, ifthe insurer is required to pay benefits
under the poligto a thirdpary, itmay bring an action againstitsinsured to recoversuch
504,·
losses(see, Reliance Ins. Co. v. Daly, 38 A.D.2d 715, .3.29
329 N.Y.S.2d see also,

Liberty Mut. Ins. Co. v.McClellan, supra). In Reliance Ins. Co. v.Daly, .s.u
supra, this
court'
court refused to allow the insurance carrier to rescind the polig because of the
misrepresentations of itsinsured, but concluded that "nothing in the applicable law
precludes a suitfor damages after theinsurer's responsibilities
toa thirdparty have been
satisfied" 7.16.'
(38 A.D.2d at 7 16,329 N.Y.S.2d 504 )..

When the insured brings an action to recoverbenefits
under a polig, the insurancecarder

may assertas an affirmativedefense that the insured'smisrepresentations and/ or fraud
in obtaining the polig precludes any recovery by the insured ( see,DiDonna v. State
Farm Mut. Auto. Ins.Co., supra; Mooney v. Nationwide Mut. Ins. Co., 172 A.D.2d

144, 577 N.Y.S.2d 506 ).."Just asthe public interestisnot disserved by a suitbrought

by the insurer against itsinsured who fraudulently procured the polig, neither is it
disadvantaged zf theinsureris relievedof aclaim assertedagainst itby such an insured. If
itis established,as defendant here affirmativelyalleges,thatplaintzffacquired his polig

by fraudulent means, denying the rightto recoverwould not impinge inany way
upon the protection thepolig accords innocent victims,would not subvert the statutory
fairness"
against retroactivecancellationand would comport with elementary
( Mooney v. Nationwide Mut. Ins. Co., supra, at 149, 577 N.Y.S.2d 506 ). Similarly,
where the right to coverageis assertedin a judgment
declaratory action by the insured,the
insurance canier mg defend on the ground that the insured uas a partzczpantin the

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fraudulent issuance of thepolicy (see, Taradena v. Nationwide Mutual Ins. Co., .239
239
6'46'
A.D.2d 876, 659 N.Y.S.2d 646 Travelers Indemnity Co. v. Avelino, 191 A.D.2d .2d.

229, 594 N.Y.S.2d 249; cf, Eagle Ins. Co. v..Libe
Liberty Mut. Ins. Co., 267 A.D.2d .2d.

347, 699N.Y.S.2d919).
Insurance Co. of North America v. Kaplun
274 A.D.2d 713 N.Y.S.2d 214 (2nd 2000).
293, Dept,

The insured Liberty policyholder can even be held accountable for any payments made by the

insurer to any third party as well.

46. Carter knowingly and intentionally misrepresented the policy address when applying for

insurance with Liberty Mutual in order to secure a lower premium.

47. The difference in the premium for the policy written to Michelle Carter would have

been higher if the true residence in Brooldyn, NY had been used. This amount is a material and

substantial amount to Liberty Mutual, and Michelle Carter intentionally misled Liberty Mutual into

believing that she lived in Wantagh, NY.

48. Liberty Mutual relied upon these false representations by Carter as to her residency to

itsdetriment.

49. Plaintiffs timely denied allbills submitted by the Medical Provider Defendants as

assignee of Carter based on the misrepresentation by the insured that the policy address was in

Wantagh, NY.

50. Moreover, Plaintiffs timely denied allbills submitted by the Medical Provider

Defendants as assignee of Carter due to the material misrepresentation in the procurement of the

policy by misrepresenting Carter's residence at the time of the application for insurance.

As And For A First Cause of Action

51. Plaintiffs repeat, reiterate and re-allege the heretofore mentioned allegations set forth in

this Complaint with the same force and effect as if setforth fully herein.

52. Liberty Mutual is not obligated to pay any bills,whether submitted prior to or after the

requested Examinations under Oath based on the material misrepresentation of the Individual

Defendant as to the garaging of the vehicle and the policy address.

53. Liberty Mutual was within itsrights to deny allclaims retroactive to the date

Case Info

Judge

Alan C Marin Track Judge’s New Case

Case No.

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Document Filed Date

May 30, 2018

Case Filing Date

May 30, 2018

County

Parties

AINE, GERALDINE Attorney for the Plaintiff
ARON ROVNER MD, PLLC Defendant
BROOK CHIROPRACTIC OF NY P.C. Defendant
CITIMEDICAL I, PLLC Defendant
DIGNITY PT, P.C. Defendant
DILLON, PHILIP J Attorney for the Plaintiff
FRANK SAUCHELLI, M.D. Defendant
GENTLE CARE ACUPUNCTURE, P.C. Defendant
JULES F. PARISIEN Defendant
JULY PT, P.C. Defendant
LEFFERTS GARDENS CHIROPRACTIC P.C. Defendant
LIBERTY MUTUAL FIRE INSURANCE COMPANY Plaintiff
LIBERTY MUTUAL INSURANCE COMPANY Plaintiff
LIFE REHAB PT, P.C. Defendant
LONGEVITY MEDICAL SUPPLY, INC. Defendant
Michelle S. Carter Defendant
NYC COMMUNITY MEDICAL CARE P.C. Defendant
PADRUCCO, JOSEPH J. Attorney for the Defendants
PHYSICAL THERAPY, P.C. Defendant
QUANTUM REHAB Defendant
RYBAK, OLEG Attorney for the Defendants
YJR ACUPUNCTURE P.C. Defendant

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