Gov't Emps. Ins. Co. v. Mayzenberg, 2025 NY Slip Op 06527
Nov 24, 2025OUTCOME: The Court of Appeals issued a ruling entirely consistent with our position, rejecting the insurers' arguments and answering the certified question in the negative.
New York's highest Court (NY Court of Appeals) was requested by the federal appeals court (Unites States Second Circuit Court of Appeals) to answer the question as to whether an insurance carrier can d ... eny a claim for no-fault benefits based on its assertion that the health provider had engaged in some form of professional misconduct. Due to the huge issues at play, the court accepted amicus briefs submitted by various interest groups, including insurance carrier conglomerates and New York State (the Dept. of Financial Services). I submitted the Amicus brief for our firm (Gary Tsirelman PC) on behalf of over seventy health providers, explaining why the insurers' interpretation of the "eligibility" regulation was contrary to law and the DFS's own prior position statements. The Court of Appeals issued a decision consistent with our arguments.
