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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48278

Judge Butler

PLAINTIFF MEDICAL provider sought summary judgment in its action for no-fault benefits due to defendant insurer’s failure to timely deny or pay its claims. Based on a consultant’s “low impact study” accident analysis report – which concluded that the speed of the assignor’s vehicle was “not sufficient to cause persistent injury to volunteer test subjects” – defendant insurer argued that because the assignor’s injuries could not have been caused by the accident, plaintiff’s claim was fraudulent because it did not arise from a covered accident. The court granted plaintiff summary judgment. It found the unsworn “low impact study” accident report inadmissible and insufficient to defeat plaintiff’s summary judgment motion. The court also determined that even if the “low impact study” accident report was admissible, defendant insurer failed to establish that the accident was a deliberate event caused in furtherance of an insurance fraud scheme.

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