| Available Care, Inc. v Travelers Prop. Cas. Ins. Co. |
| 2007 NY Slip Op 50471(U) [15 Misc 3d 1103(A)] |
| Decided on March 8, 2007 |
| Civil Court Of The City Of New York, Kings County |
| Edwards, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Available Care, Inc. a/a/o Aleksey Tsipenyuk, Plaintiff,
against Travelers Property Casualty Ins. Co. & Travelers Indemnity Co. d/b/a The Travelers, Defendants. |
After a bench trial of this matter, the parties were required to submit post-trial memorandum regarding whether the plaintiff had standing to maintain this action. Defendant submitted its post-trial memorandum; however plaintiff failed to do so.
This Court finds that plaintiff has no standing to pursue this action. Plaintiff's bills for "non-emergency transportation", in the amount of $630.00, must be submitted to its assignor Aleksey Tsipenyuk. Plaintiff is not a provider of health care services nor a provider of professional health services as defined by Insurance Law §5102 (a)(1); Dependable Ambulette, Inc. v. Progressive Ins. Co., 4 Misc 3d 228 (NY Dist. Ct. Suffolk County 2004). Thus, the "non-emergency transportation" services rendered to its assignor do not constitute reimbursable health services pursuant to Insurance Law §5102.
There is a possibility for plaintiff to be paid for the services it rendered under the category "other reasonable and necessary expenses" pursuant to Insurance Law §5102(a)(3). This category has a limit of $25.00 per day. However, this expense is not assignable. The plaintiff will have to seek
remuneration from its assignor, who may then seek reimbursement from the defendant. NY General Counsel Opinion 1-16- 2003 (No.1).
Accordingly, it is hereby
ORDERED that judgment is in favor of the defendant. The complaint is hereby dismissed
This constitutes the decision and order of the Court.
Dated: March 8, 2007__________________________________
Genine D. Edwards, J.C.C.