Pan Chiropractic v. Mercury Ins. Co.

Outcome: Defendant prevailed

Description: In this case, the Appellate Term was forced to confront an issue that was lingering in the background, but was never actually reached. Namely, what evidence must a medical provider marshal in order to overcome an insurance carrier's summary judgment, based upon the medical inappropriateness of rendered treatment. The Court held that the medical provider must discuss and meaningfully disagree with the conclusion that the insurance carrier's expert reached. In this case, the Appellate Term found that Plaintiff failed to meet its burden and dismissed the complaint.