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STATE FARM GUARANTY INSURANCE COMPANY v. ADVANCED ORTHOPEDICS...

Docket 154944/2024, New York State, New York County, Supreme Court (May 27, 2024)
Case TypeTorts - Other (Declaratory Judgment)
TagsTort, Civil, Other, Declaratory Judgment
Plaintiff STATE FARM GUARANTY INSURANCE COMPANY
Defendant ADVANCED ORTHOPEDICS AND JOINT PRESERVATION, P.C.
Defendant BIG APPLE PAIN MANAGEMENT, PLLC
...
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EXHIBIT(S) - M Proposed Order

Document STATE FARM GUARANTY INSURANCE COMPANY v. ADVANCED ORTHOPEDICS AND JOINT PRESERVATION, P.C. et al, 154944/2024, 69 (N.Y. Sup. Ct., New York County Dec. 26, 2024)
IT IS ORDERED that the plaintiff’s motion for default judgment is granted and the plaintiff has established that the defendants have violated the No-Fault regulations in that (1) the loss was intentionally caused; (2) State Farm maintains a founded belief that the injuries of WELLINGTON ESTEBAN GARCIA BAUTISTA (“Bautista” or the “Insured”), EMIL NICOLAS DILONE ABREAU (“Abreau”), ESTEFANY ULLOA BAEZ (“Baez”), and CHRISTIAN PEREZ (“Perez”) (collectively referred to as the “Claimants”) did not arise from an insured incident; and (3) Bautista failed to appear for his duly and properly scheduled examination under oath (“EUO”) on two or more occasions which is a condition precedent to coverage, with respect to the March 3, 2023, or March 4, 2023 collision.
It is ORDERED, ADJUDGED AND DECLARED that the plaintiff owes no duty to afford, pay or cover any no-fault claims of ADVANCED ORTHOPEDICS AND JOINT
This stay shall not be a bar against dismissing any such related actions based on theories of res judicata or collateral estoppel where applicable.
IT IS ORDERED that the plaintiff’s motion for default judgment is granted and the plaintiff has established that the defendants have violated the terms of the policy in that the loss was intentionally caused and State Farm owes no duty to provide a defense or indemnification to WELLINGTON ESTEBAN GARCIA BAUTISTA for any potential liability claims that may be filed against him by any parties, including any claims of EMIL NICOLAS DILONE ABREAU, ESTEFANY ULLOA BAEZ, and CHRISTIAN PEREZ, with respect to the Collision, and it is further,
ORDERED, ADJUDGED AND DECLARED that the plaintiff owes no duty to provide a defense or indemnification for any potential liability claims that may be filed against WELLINGTON ESTEBAN GARCIA BAUTISTA, specifically those of EMIL NICOLAS DILONE ABREAU, ESTEFANY ULLOA BAEZ, and CHRISTIAN PEREZ, with respect to the alleged collision that occurred on either March 3, 2023, or March 4, referenced by claim number 30-46L2-38B; and it is further ORDERED that this action is severed and shall proceed against BIG APPLE PAIN
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53

Document STATE FARM GUARANTY INSURANCE COMPANY v. ADVANCED ORTHOPEDICS AND JOINT PRESERVATION, P.C. et al, 154944/2024, 53 (N.Y. Sup. Ct., New York County Dec. 26, 2024)

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57

Document STATE FARM GUARANTY INSURANCE COMPANY v. ADVANCED ORTHOPEDICS AND JOINT PRESERVATION, P.C. et al, 154944/2024, 57 (N.Y. Sup. Ct., New York County Dec. 26, 2024)

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52

Document STATE FARM GUARANTY INSURANCE COMPANY v. ADVANCED ORTHOPEDICS AND JOINT PRESERVATION, P.C. et al, 154944/2024, 52 (N.Y. Sup. Ct., New York County Dec. 26, 2024)

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71

Document STATE FARM GUARANTY INSURANCE COMPANY v. ADVANCED ORTHOPEDICS AND JOINT PRESERVATION, P.C. et al, 154944/2024, 71 (N.Y. Sup. Ct., New York County Dec. 26, 2024)

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46

Document STATE FARM GUARANTY INSURANCE COMPANY v. ADVANCED ORTHOPEDICS AND JOINT PRESERVATION, P.C. et al, 154944/2024, 46 (N.Y. Sup. Ct., New York County Oct. 28, 2024)

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43

Document STATE FARM GUARANTY INSURANCE COMPANY v. ADVANCED ORTHOPEDICS AND JOINT PRESERVATION, P.C. et al, 154944/2024, 43 (N.Y. Sup. Ct., New York County Oct. 22, 2024)

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