I have attached
hereto a memo of law that I submitted in response to Allstate's
motion to dismiss my client's complaint. We are scheduled for oral
arguments before the Honorable Judge Frederic Block in Federal Court,
Eastern District of New York (Brooklyn) for Monday August 12, 2002 at 11 am
in Courtroom 6, 4th floor 225 Cadman Plaza, Brooklyn, NY. 718/ 260
2600
As you may recall, the case involves my client who was in an auto
accident and was unfortunate as she was seriously injured and had Allstate
insurance on her own vehicle. She was rushed to the hospital and once
released, she contacted Allstate insurance. Allstate scheduled her for
an Independent Medical Examination within a few weeks of the accident.
It was to be rescheduled and the new time was not properly communicated to
Ms. Diaz and she was unable to attend the appointment. Her benefits
were subsequently denied. She had been told that she was in the need
of a surgery on her knee and shoulder. She had the shoulder surgery
but could not find a doctor to perform the knee surgery without a guarantee
of payment. The shoulder surgeon brought an arbitration against
Allstate and was paid. Eventually, 2-3 years post-accident, the client
was finally able to get the knee surgery through her husband's insurance
plan.
Wylie
M. Stecklow, Esq.
http://www.wylielaw.com
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