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Fifth Avenue Pain Control Center v. Allstate Ins. Co.

Insurance company bears burden of proving that treatment was not medically necessary.

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Judge Agate

FIFTH AVENUE PAIN CONTROL CENTER v. ALLSTATE INS. CO. In the above actions, plaintiff brought suit against defendant insurance company to recover compensation for medical services rendered to defendants insureds. These matters were consolidated for the purpose of trial, and a bench trial was held on January 31, 2003. Prior to presenting evidence, the parties stipulated to the validity of plaintiffs notice of claim and defendants timely denial. Further, the parties stipulated to the credentials of each expert and to the accuracy of each medical bill, leaving only the issue of medical necessity to be determined by the Court.

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