St. Paul Travelers Ins. Co. v. Nandi

In St. Paul Travelers Ins. Co. v. Nandi, 15 Misc3d 1145(A), 841 N.Y.S.2d 823 (NY Sup 2007), the court considered the very statute of limitations argument set forth in the case at bar. There, the insurance company sought declaration that the defendant medical entities were not entitled to collect no-fault benefits for any unpaid charges for acupuncture services that they have submitted and to recover the sums it paid to the defendants as no--fault benefits. That court held that the causes of action sounded in fraud and were subject to a six-year statute of limitations (see CPLR 213[8]).