Das/N.Y. Med. Rehab v. Allstate Ins. Co

In Das/N.Y. Med. Rehab v. Allstate Ins. Co. (297 A.D.2d 321 [2d Dep't 2002]), the Second Department affirmed an order of the Supreme Court, Richmond County (Maltese, J.), that had vacated a master arbitrator's award on the same facts as those before this court. (Justice Maltese's decision is annexed as part of exhibit B of petitioner's papers.) The petitioner in Das sought reimbursement for medical expenses under the no-fault statute. Allstate had similarly failed to timely deny the application for no-fault benefits. Despite the untimeliness of Allstate's denial of benefits, the arbitrator found for Allstate concluding that there was insufficient evidence in the record to establish a prima facie case of medical necessity.