New York Court of Appeals Roundup: No-Fault Regulations: What Insurers Can(not) Use to Deny Claims
In their column in the New York Law Journal, Litigation Partners Linton Mann III and Joshua Polster analyzed the recent Court of Appeals decision in Government Employees Insurance Co. v. Mayzenberg. In the decision, a six judge majority deferred to the Department of Financial Services’ (DFS) interpretation that a regulation does not permit an insurer to deny a provider’s claim on the basis that the provider committed professional misconduct by paying for patient referrals. The decision serves as a reminder that while federal agencies no longer receive Chevron deference, deference to State agency interpretations of their regulations continues to be the law in New York. It further provides important guidance on how no-fault insurers may deny fraudulent claims in accordance with New York regulations.
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