In Lumbermens Mutual Casualty Company, et al. v. AB Medical Services, PLLC, Index 100813/11, automobile insurers sought a declaration that they did not have to pay a provider’s No-Fault claims because the provider impermissibly billed for the services of independent contractors. The insurers prevailed at trial, and the provider appealed the verdict. The New York Appellate Division, First Department, affirmed the verdict, finding that though the provider claimed they were billing for employees, the provider did not exercise sufficient control to prove this defense. The decision is significant because it sets forth that a provider must meaningfully monitor its workers to bill for No-Fault claims.
