Reimbursement for services after insurance company refused to pay over policy limit – Case Study
No-Fault Case Study(AAA# 41-21-1215-5205)
Suffolk District Court (Index #CV-2120-22BR)
On April 15, 2022, after a successful arbitration by TonaLaw attorney, Clifford Ryan, Esq., State Farm Mutual Automobile Insurance Company was ordered to reimburse $976.38 plus statutory interest, costs and statutory attorneys fees to our Surgi-Center Client for services provided to a patient.
Subsequent to receiving this award, State Farm Mutual Automobile Insurance Company issued payments to two entities in greater amounts than were due to our Surgi-Center client. When Tonalaw attempted to collect the monies owed, State Farm repeatedly refused to pay stating that it had no obligation to pay over the $50,000.00 policy limit, Tonalaw rebutted this stating that exhaustion of the policy after the award was issued does not negate the obligation to pay on already issued awards.
On September 6, 2022, TonaLaw attorney, Andrew Ciccaroni, filed a Petition to confirm the Award and requested $3,000 in attorney fees for the time spent confirming the award.
In a Judgment and Order dated October 19, 2022, the Honorable James F. Matthews confirmed the arbitration award in full, granting full reimbursement to our urgicenter client and rejecting the argument that an exhaustion after the initial Award was issued negates the need for payment. Additionally the judge granted $3,000 in attorney fees in addition to costs, statutory interest and the statutory attorney fees already awarded in the initial order.