Studin v. Allstate Insurance
This opinion addresses an action for first-party benefits under a no-fault endorsement where the defendant insurer sought to vacate a default and a prior summary judgment award. The court granted the defendant's motion to vacate the March 18, 1991 summary judgment, citing a valid stipulation between the parties' attorneys. While finding no factual issues concerning liability for electromyography examinations as reimbursable first-party benefits under Insurance Law § 5102, the court identified questions regarding the consistency of the fees charged for these services. Consequently, the scope of the inquest was expanded to include the propriety of the fees. The court also granted reargument on a protective order, concluding that the motion for said order was untimely, despite the discovery sought being unnecessary given the liability determination.