GMR Wins Dismissal of Provider Claim on Appeal in New York

Senior Counsel Lindsay Padover successfully obtained dismissal of a No-Fault provider suit on appeal.  In New Capital 1 Inc. v. Kemper Ind. Ins. Co., 2021 N.Y. Slip Op. 51033(U) (App. Term, 1st Dep’t 2022), GMR argued that a medical provider No-Fault claim was barred by the doctrine of res judicata based upon the results of a prior declaratory judgment action between the parties.  The trial court found that the earlier judgment was not dispositive because it was obtained on default against the medical provider.  The Appellate Term reversed that order and dismissed the action, holding that a prior judgment was binding on the parties even if decided on default.