No Fault Defender – A Defense Attorney's Perspective on New York No-Fault Law

The Appellate Term in Great Wall Acupuncture, P.C. v GEICO Ins. Co. 2009 NY Slip Op 52308(U)(App. Term 2d Dept. 2009) once again held that the chiropractor fee schedule was all that a licensed acupuncturist was entitled to.  Sure, the court modified the lower court order on the basis that summary judgment should have been granted to plaintiff on the untimely denied portion of the complaint.  The Court also categorically rejected the reasonable geographic charge argument that plaintiff forwarded.  Finally, the court even affirmed the lower court’s granting of summary judgment to the non-moving party, Geico.

So, despite the order of the lower court being modified, I must offer my congratulations to (I am going to guess) Spina’s office on this one.

Getting off the topic, how many of you have done an EUO and asked the EIP whether the acupuncturist missed the meridian and caused the EIP to bleed?  I usually ask that question, and you would be surprised at the amount of affirmative responses I get.