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Decided on July 6, 2009
Civil Court of the City of New York, Richmond County

08R000954
Katherine A. Levine, J.
Upon the foregoing cited papers, the Decision/Order on this Motion is as follows:
Defendant's motion for summary judgment raises anew whether the recent Court of Appeals decision in Fair Price Medical Supply Corp. V. Travelers Indemnity Co., 10 NY3d 556 (2008) requires an insurer to deny a claim on the grounds that the assignor was involved in an accident while on the job and that workers compensation is hence primary within 30 days, or whether that defense is not subject to the preclusion rule.
Plaintiff Lenox Hill Radiology and MIA, P.C. A/A/O ("Lenox Radiology"
or "plaintiff"), a medical service provider, brought this action seeking reimbursement in the amount of $878.67 for medical services it provided to its assignor Zulfiqar Ahmad ("assignor or "Ahmad") stemming from a motor vehicle accident that occurred on September 19, 2007. Plaintiff timely submitted its bill to defendant Global Liberty Insurance Co. ("defendant" or "Global") which is a "licensed insurance carrier for vehicles for hire" (affidavit of Dwight Geddes -"Geddes affidavit" ). Global received the claim on November 2, 2007, and denied and mailed the claim on November 28,
2007 on the grounds of lack of medical necessity based upon a performed peer review report. [FN1] The denial did not list as a grounds lack of coverage based upon workers compensation being primary. [*2]
Defendant moved for summary of judgment on the grounds that there is no coverage since it "has reason to believe" that the assignor was in the course of his employment at the time of the accident and that therefore, workers compensation is primary and the assignor is not entitled to no

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