Download to read offline
![39 of 62
PETERSON BELLEVUE'S MATERIAL MISREPRESENTATION
IN THE APPLICATION FOR THE POLICY
118. That defendant, PETERSON BELLEVUE, submitted to KEMPER an
application for insurance (the "Insurance Application").
119. That defendant, PETERSON BELLEVUE, signed the Insurance Application.
120. That the Insurance Application asks, "Has any driver shown above
[PETERSON BELLEVUE] had an accident regardless of fault, or been convicted of a
moving violation within the last 39 months?"
121. That in answer to the question in paragraph No. 109 above, defendant,
PETERSON BELLEVUE, answered "No."
122. That the KEMPER-insured vehicle had been involved in collisions within 39
months before the date of the Insurance Application.
123. That the defendants have commenced, or will commence, legal actions or file
for arbitrations against KEMPER seeking monetary damages for No-Fault claims that
KEMPER has properly denied, as detailed above.
124. That KEMPER requires and requests a declaration of the rights and other
legal relations of the respective parties in accordance with the applicable laws relating to
declaratory judgment.
125. That KEMPER has no adequate remedy at law.
126. That KEMPER has not previously sought the relief requested herein in this
or any other Court.
29](https://image.slidesharecdn.com/kempervsbrli5-2016-180225034522/85/Kemper-vs-BioReference-5-2016-39-320.jpg)
Uploaded byHindenburg Research
Kemper vs BioReference 5 2016
This document is a summons filed in the Supreme Court of New York County by Kemper Independence Insurance Company against numerous defendants including medical professional corporations and individuals. The plaintiff designates New York County as the place of trial and lists the addresses of over 60 defendants. The summons requires the defendants to answer the complaint within 20 days of being served or risk default judgment.
Kemper vs BioReference 5 2016
- 1. FILED: NEW YORKCOUNTY CLERK 05/12/2016 02:45 PM INDEX NO. 154010/2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 05/12/2016 1 of 62 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------- X KEMPER INDEPENDENCE INSURANCE COMPANY, Plaintiff(s), -against- BEST TOUCH PT P.C., EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., GARA MEDICAL CARE, P.C., GC CHIROPRACTIC P.C., LIDA'S MEDICAL SUPPLY INC., MANHATTAN BEACH PHARMACY, INC., METRO PAIN SPECIALISTS P.C., STATE CHIROPRACTIC, P.C., AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICALSERVICES P.C., HOLYSTAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., KSENIA PAVLOVA, DO, LEV TAYTS, MD, PRO EDGE CHIROPRACTIC P.C., PROMPT MEDICALSUPPLY INC., SKAPARS HEALTH PRODUCTS INC., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., ALLAY MEDICAL SERVICES, P.C., AXIAL CHIROPRACTIC P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, AMERICAN KINETICS LAB INC., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., SAMUEL WALTERS, MD, STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C., LANTSMAN ACUPUNCTURE P.C., MED EQUIPMENTS SERVICE, INC., QUEENS SURGI- CENTER, RANDALL PHARMACY INC., SENIORCARE EMERGENCY MEDICALSERVICESINC., TOTAL CHIROPRACTIC P.C., WAVE MEDICAL SERVICES, P.C., ACTION CHIROPRACTIC P.C., MOHAMED ATTYA, M.D., BARNERT SURGICAL CENTER, LLC, FARSAM MEDICAL SERVICES, P.C., LUCKY CHIROPRACTIC CARE P.C., STRESSCARE BEHAVIORAL & PSYCHOLOGICAL SERVICES, P.C., 21sT CENTURY PHARMACY, ARDEN M. KAISMAN, MD, P.C., BIO-REFERENCE LABORATORIES, INC., BRADLEY WASSERMAN, MD, DAVID FLEISS, MD, EAST TREMONT MEDICAL CENTER a/k/a UPTON HEALTH CARE MANAGEMENT, INC., FOREST HILLS MEDICAL, P.C., JOSEPH FEDRICK, MD, RONALD HAYEK, DC, SOVEREIGN TRANSPORTATION INC., PANJSHIR LEASING INC., PETERSON BELLEVUE, JOE MYERS, ALICE ALARCON, CINAMONNE CHARLES, JOHN LENNON, GERSY LOUISSANT, MICHELLE HAYNIE, MARQUISIA GRANT, SHANICE PICKETT, TARA TAYLOR, BAPTISTE MARCLISH, MAHOGANY YULLES, KARA KElTA KISSI, SENY DIOP, YURY CHERNIKAU, TRAVON SMITH, MAHMOUD TELAB, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, JOSEPH BENOIT and JAMES ESTIMOND, Defendant(s). -----------------------------------------------X Index No.: Date of Filing: Plaintiff designates New York County as place for trial. SUMMONS The basis of venue is the address ofdefendant, CLEAR WATER PSYCHOLOGICAL SERVICES P.C. Plaintiff's Address: 5784 Widewaters Parkway Dewitt, New York 13214
- 2. 2 of 62 ToThe Above Named Defendants: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff1 s Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgmentwill be taken against you by default for the relief demanded in the complaint. DATED: New York, New York May 12,2016 Yours, etc. ~-----------~/J~-------- Harlan R. Schreiber, Esq. RUBIN,FIORELLA & FRIEDMAN LLP Attorneys for Plaintiff(s) 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Our File No.: 0575.31663
- 3. 3 of 62 BESTTOUCH PT P.C. 2025 Davidson Avenue Bronx, New York 10453 DEFENDANTS' ADDRESSES: EVERGREEN ACUPUNCTURE, P.C. 1401 Ocean Avenue Brooklyn, New York 11230 F-R MOBILE PHYSICIAN, P.C. 2502 86th Street, 3rd Floor Brooklyn, New York 11214 GARA MEDICAL CARE, P.C. 72 Stobe Avenue Staten Island, New York 10306 GC CHIROPRACTIC P.C. P.O. Box 833 Red Bank, New Jersey 07701 LIDA'S MEDICAL SUPPLY INC. 1014 Avenue N, Suite D3 Brooklyn, New York 11230 MANHATTAN BEACH PHARMACY, INC. 1224 Avenue U Brooklyn, New York 12229 METRO PAIN SPECIALISTS P.C. cjo Leonid Shapiro P.O. Box 334 Tenafly, New Jersey 07670 STATE CHIROPRACTIC, P.C. 290 Merrymount Street Staten Island, New York 10314 AHMED MEDICAL CARE P.C. 1552 Ralph Avenue Brooklyn, New York 11236
- 4. 4 of 62 BLANOMEDICAL, P.C. 369 East 148th Street Bronx, New York 10455 CLEAR WATER PSYCHOLOGICAL SERVICES P.C. 19 West 34th Street New York, New York 10001 HOLY STAR ACUPUNCTURE, P.C. 910 East Gun Hill Road Bronx, New York 10469 HORIZON PT CARE P.C. 225 Bay 44th Street, #3 Brooklyn, New York 11214 KSENIA PAVLOVA, DO 1786 Flatbush Avenue Brooklyn, New York 11210 LEV TAYTS, MD 126 Cross River Road Mount Kisco, New York 10549 PRO EDGE CHIROPRACTIC P.C. cjo Guy Villano 375 South End Avenue, Suite 24N New York, New York 10280 PROMPT MEDICAL SUPPLY INC. c/o Naum Gomberg 2009 Avenue U Brooklyn, New York 11229 SKAPARS HEALTH PRODUCTS INC. 2375 A East 24th Street Brooklyn, New York 11229 SR WELLNESS PT P.C. 9420 53rd Avenue Elmhurst, New York 11373
- 5. 5 of 62 THERAPEUTICCHIROPRACTIC SERVICES P.C. 130 7th Avenue, Suite 312 New York, New York 10011 KENSINGTON RADIOLOGY GROUP, P.C. 651 B. Coney Island Avenue Brooklyn, New York 11218 ALLAY MEDICAL SERVICES, P.C. 1786 Flatbush Avenue Brooklyn, New York 11210 AXIAL CHIROPRACTIC P.C. c/o Bruce C. Bromberg D.C. 54 Country Drive Plainview, New York 11803 ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC 680 Broadway, Suite 203 Paterson, New Jersey 07514 TOP TAP ACUPUNCTURE, P.C. 314 Alexander Avenue Bronx, New York 10454 MEDICSURG 680 Broadway, Suite 204 Paterson, New Jersey 07514 AMERICAN KINETICS LAB INC. 87 4th Avenue Brooklyn, New York 11217 COLUMBUS IMAGING CENTER, LLC cjo Tangent Systems Corp. 591 Stewart Avenue, Suite 513 Garden City, New York 11530 DANIEL COHEN PSYCHOLOGY, P.C. 3306 Skillman Avenue Oceanside, New York 11572
- 6. 6 of 62 HAYEKCHIROPRACTIC P.C. 90-04 Merrick Boulevard Jamaica, New York 11432 RONALD HAYEK, DC 90-04 Merrick Boulevard Jamaica, New York 11432 SAMUEL WALTERS, MD 3130 Grand Concourse, Suite B5 Bronx, New York 10458 STONE ACUPUNCTURE, P.C. 248-25 Northern Boulevard Little Neck, New York 11362 ULTIMED HEALTHCARE, P.C. 70 Tulip Lane Williston Park, New York 11596 LANTSMAN ACUPUNCTURE P.C. 3301 Willow Drive Ocean, New Jersey 07712 MED EQUIPMENTS SERVICE, INC. 2451 East 21st Street Brooklyn, New York 11235 QUEENS SURGI-CENTER 83-40 Woodhaven Boulevard Glendale, New York 11385 RANDALL PHARMACY INC. 1753 Randall Avenue Bronx, New York 10473 SENIORCARE EMERGENCY MEDICAL SERVICES INC. 700 Havemeyer Avenue Bronx, New York 10473 TOTAL CHIROPRACTIC P.C. cjo Guy Villano 375 South End Avenue, Suite 24N New York, New York 10260
- 7. 7 of 62 WAVEMEDICAL SERVICES, P.C 3049 Brighton 6th Street Brooklyn, New York 11235 ACTION CHIROPRACTIC P.C cjo Bruce Bromberg 54 Country Drive Plainview, New York 11803 MOHAMED ATTYA, M.D. 1552 Ralph Avenue Brooklyn, New York 11236 BARNERT SURGICAL CENTER, LLC 680 Broadway, Suite 202 Paterson, New Jersey 07514 FARSAM MEDICAL SERVICES, P.C 1 Oldwyck Crescent Highland Mills, New York 10930 LUCKY CHIROPRACTIC CARE P.C 355 Kings Highway, Suite SF Brooklyn, New York 11223 STRESSCARE BEHAVIORAL & PSYCHOLOGICAL SERVICES, P.C 1543 East 18th Street Brooklyn, New York 11230 21sT CENTURY PHARMACY INC 96-05 57th Avenue Corona, New York 11368 ARDEN M. KAISMAN, MD, P.C. 18 West 2rt Street, Suite 900 New York, New York 10010 BIO-REFERENCE LABORATORIES, INC cjoCT Corporation System 111 Eighth Avenue New York, New York 10011
- 8. 8 of 62 BRADLEYWASSERMAN, MD 1841 Broadway, Suit 500 New York, New York 10023 DAVID FLEISS, MD 901 Fifth Avenue New York, New York 10021 EAST TREMONT MEDICAL CENTER a/k/a UPTON HEALTH CARE MANAGEMENT, INC. 930 East Tremont Avenue, 4th Floor Bronx, New York 10460 FOREST HILLS MEDICAL, P.C. 83-40 Woodhaven Boulevard Glendale, New York 11385 JOSEPH FEDRICK, MD 930 East Tremont Avenue Bronx, New York 10460 SOVEREIGN TRANSPORTATION INC. 590511th Avenue Brooklyn, New York 11219 PANJSHIR LEASING INC. c/o Madaser Saleem 3236 Green Point Avenue Long Island City, New York 11101 PETERSON BELLEVUE 15 Taylor Street, rt Floor Johnson City, New York 13790 and PETERSON BELLEVUE 1151 East 82nd Street Brooklyn, New York 11236 JOE MYERS 1315 Saint Johns Place Brooklyn, New York 11213
- 9. 9 of 62 ALICEALARCON 1430 Ocean Avenue, Apt. 1K Brooklyn, New York 11230 CINAMONNE CHARLES 3505 Foster Avenue Brooklyn, New York 11210 JOHN LENNON 785 Macdonough Street Brooklyn, New York 11223 GERSY LOUISSANT 1701 Carroll Street, Apt. 2R Brooklyn, New York 11213 MICHELLE HAYNIE 413 Kosciuszko Street Brooklyn, New York 11221 MARQUISIA GRANT 340 Bainbridge Street, Apt. 6D Brooklyn, New York 11232 SHANICE PICKETT 149 N Portland, #3E Brooklyn, New York 11205 TARA TAYLOR 953 DeKalb Avenue Brooklyn, New York 11221 BAPTISTE MARCLISH 1290 Ocean Avenue, Apt. 3C Brooklyn, New York 11235 MAHOGANY YULLES 1805 Pitkin Avenue, Apt. A2 Brooklyn, New Yark 11212 KARA KElTA KISSI 365 Madison Street Brooklyn, New York 11221
- 10. 10 of 62 SENYDIOP 572 Lincoln Place Brooklyn, New York 11216 YURY CHERNIKAU 2626 Homecrest Avenue Brooklyn, New York 11235 TRAVON SMITH 1154 Nostrand Avenue, Apartment 2C Brooklyn, New York 11226 MAHMOUD TELAB 99 Linden Street Malverne, New York 11565 SHIRROD BELLS HALL 454 Empire Boulevard, Apt. 2F Brooklyn, New York 11256 LATISHA GANNAWAY 1620 St. John's Place, Apartment 4F Brooklyn, New York 11223 DERRON SMITH 131 Belmont Avenue Brooklyn, New York 11212 JOSEPH BENOIT 2242 Clarendon Road, Apt. 1F Brooklyn, New York 11238 JAMES ESTIMOND 65 Willoughby Avenue Brooklyn, New York 11205
- 11. 11 of 62 SUPREMECOURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----- -------- --- ------ ------- -- -- --- ------- --- ----X KEMPER INDEPENDENCE INSURANCE COMPANY, Plaintiff, -against- BEST TOUCH PT P.C., EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., GARA MEDICAL CARE, P.C., GC CHIROPRACTIC P.C., LIDA'S MEDICAL SUPPLY INC., MANHATTAN BEACH PHARMACY, INC., METRO PAIN SPECIALISTSP.C., STATE CHIROPRACTIC, P.C., AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., KSENIA PAVLOVA, DO, LEV TAYTS, MD, PRO EDGE CHIROPRACTIC P.C., PROMPT MEDICAL SUPPLY INC., SKAPARS HEALTH PRODUCTS INC., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., ALLAY MEDICAL SERVICES, P.C., AXIAL CHIROPRACTIC P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, AMERICAN KINETICS LAB INC., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., SAMUEL WALTERS, MD, STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C., LANTSMAN ACUPUNCTURE P.C., MED EQUIPMENTS SERVICE, INC., QUEENS SURGI-CENTER, RANDALL PHARMACY INC., SENIORCARE EMERGENCY MEDICAL SERVICES INC., TOTAL CHIROPRACTIC P.C., WAVE MEDICAL SERVICES, P.C., ACTION CHIROPRACTIC P.C., MOHAMED ATTYA, M.D., BARNERT SURGICAL CENTER, LLC, FARSAM MEDICAL SERVICES, P.C., LUCKY CHIROPRACTIC CARE P.C., STRESSCARE BEHAVIORAL & PSYCHOLOGICAL SERVICES,P.C.,21srCENTURYPHARMACY,ARDENM.KAISMAN, MD, P.C., BIO-REFERENCE LABORATORIES, INC., BRADLEY WASSERMAN, MD, DAVID FLEISS, MD, EAST TREMONT MEDICAL CENTER aj k/ a UPTON HEALTH CARE MANAGEMENT, INC., FOREST HILLS MEDICAL, P.C., JOSEPH FEDRICK, MD, RONALD HAYEK, DC, SOVEREIGN TRANSPORTATION INC., PANJSHIR LEASING INC., PETERSON BELLEVUE, JOE MYERS, ALICE ALARCON, CINAMONNE CHARLES, JOHN LENNON, GERSY LOUISSANT, MICHELLE HAYNIE, MARQUISIA GRANT, SHANICE PICKETT, TARA TAYLOR, BAPTISTE MARCLISH, MAHOGANY YULLES, KARA KEITA KISS!, SENY DIOP, YURY CHERNIKAU, TRAVON SMITH, MAHMOUD TELAB, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, JOSEPH BENOIT and JAMES ESTIMOND, Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X Index No.: COMPLAINT
- 12. 12 of 62 Theplaintiff, KEMPER INDEPENDENCE INSURANCE COMPANY ("KEMPER"), by its attorneys, RUBIN, FIORELLA & FRIEDMAN LLP, alleges upon information and belief as follows: INTRODUCTION 1. That KEMPER seeks a declaration that it owes no duty to pay claims with respect to four separate, but connected, alleged motor vehicle collisions, or to provide any insurance coverage to defendant, PETERSON BELLEVUE, including defense and indemnification, for any claims against him arising out of the alleged motor vehicle collisions, or to provide uninsured motorist coverage to defendant, PETERSON BELLEVUE, for any claims against him arising out of the alleged motor vehicle collisions. These four alleged motor vehicle collisions are linked together by a repeated pattern of fraudulent conduct in which certain defendants staged or intentionally caused motor vehicle collisions, feigned or greatly exaggerated injuries, and then sought treatment for their feigned or exaggerated injuries from various defendant medical providers, who in turn, submitted charges to KEMPER for medical and diagnostic services for which they are not entitled to receive reimbursement. 2. That all of the alleged motor vehicle collisions are linked together by a common scheme and pattern of fraudulent conduct, as follows: All of the alleged vehicle collisions involved multiple claimants; In all of the alleged motor vehicle collisions, the KEMPER-insured vehicle was either sideswiped or rear-ended, or sideswiped or rear- ended the adverse vehicle; 2
- 13. 13 of 62 Thedrivers and passengers of the KEMPER-insured vehicles and the adverse vehicles reported either no injuries or minimal injuries at the collision scenes; The drivers and passengers of the KEMPER-insured vehicles and the adverse vehicles had either no visible physical injuries or minimal visible physical injuries at the collision scenes; Most of the drivers and passengers of the KEMPER-insured vehicles and the adverse vehicles refused medical attention at the scene; The KEMPER-insured vehicles and the adverse vehicles sustained slight damage; and Airbags never deployed. 3. That after two of the alleged motor vehicle collisions, the common scheme and pattern of fraudulent conduct continued in connection with the medical treatments provided by the Medical Provider Defendants as follows: The Medical Provider Defendants submitted numerous bills to KEMPER for alleged treatments for the patients' feigned or exaggerated injuries, which were not medically necessary, and in some instances, may not have been performed; The alleged medical treatments often followed the same pre-determined protocols of diagnostic tests, consultations, acupuncture, chiropractic and physical therapy, often three or more times per week, plus providing medical supplies, were not tailored to the individual patients' needs and were not medically necessary; and The alleged medical treatments' pre-determined protocols were designed and used by the Medical Provider Defendants to maximize the potential No-Fault charges thatthey could submitto KEMPER for the purpose of enriching themselves, and were not designed and used for the purpose of providing medically necessary treatments for the benefit of the patients who were allegedly subjected to them. 3
- 14. 14 of 62 THEPARTIES 4. That at all times herein, KEMPER has been and still is a foreign corporation and is duly authorized by the State of New York to conduct the business of insurance. 5. That at all times herein, defendant BEST TOUCH PT P.C., 2025 Davidson Avenue, Bronx, New York 10453, has been and still is a New York State professional corporation. 6. That at all timesherein,defendantEVERGREEN ACUPUNCTURE,P.C.,1401 Ocean Avenue, Brooklyn, New York 11230, has been and still is a New York State professional corporation. 7. That at all times herein, defendant F-R MOBILE PHYSICIAN, P.C., 2502 86th Street, 3rd Floor, Brooklyn, New York 11214, has been and still is a New York State professional corporation. 8. That at all times herein, defendant GARA MEDICAL CARE, P.C., 72 Stobe Avenue, Staten Island, New York 10306, has been and still is a New York State professional corporation. 9. That at all times herein, defendant GC CHIROPRACTIC P.C., P.O. Box 833, Red Bank, New Jersey 07701, has been and still is a New York State professional corporation. 10. That at all times herein, defendant LIDA'S MEDICAL SUPPLY INC., 1014 Avenue N, Suite D3, Brooklyn, New York 11230, has been and still is a New York State corporation. 4
- 15. 15 of 62 11.That at all times herein, defendant MANHATTAN BEACH PHARMACY, INC., 1224 Avenue U, Brooklyn, New York 12229, has been and still is a New York State corporation. 12. That at all times herein, defendant METRO PAIN SPECIALISTS P.C. c/o Leonid Shapiro, P.O. Box 334, Tenafly, New Jersey 07670, has been and still is a NewJersey State corporation which conducts business in the State of New York. 13. That at all times herein, defendant STATE CHIROPRACTIC, P.C., 290 Merrymount Street, Staten Island, New York 10314, has been and still is a New York State professional corporation. 14. That at all times herein, defendant AHMED MEDICAL CARE P.C., 1552 Ralph Avenue, Brooklyn, New York 11236, has been and still is a New York State professional corporation. 15. That at all times herein, defendant BLANO MEDICAL, P.C., 369 East 148th Street, Bronx, New York 10455, has been and still is a New York State professional corporation. 16. That at all times herein, defendant CLEAR WATER PSYCHOLOGICAL SERVICESP.C., 19West34thStreet, New York, New York 10001, has been and still is aNew York State professional corporation. 17. That at all times herein, defendant HOLY STAR ACUPUNCTURE, P.C., 910 East Gun Hill Road, Bronx, New York 10469, has been and still is a New York State professional corporation. 5
- 16. 16 of 62 18.That at all times herein, defendant HORIZON PT CARE P.C., 225 Bay 44th Street, #3, Brooklyn, New York 11214, has been and still is a New York State professional corporation. 19. That at all times herein, defendant KSENIA PAVLOVA, DO, 1786 Flatbush Avenue, Brooklyn, New York 11210, has been and still is a New York State resident. 20. That at all times herein, defendant LEV TAYTS, MD, 126 Cross River Road, Mount Kisco, New York 10549, has been and still is a New York State resident. 21. That at all times herein, defendant PRO EDGE CHIROPRACTIC P.C. cjo Guy Villano, 375 South End Avenue, Suite 24N, New York, New Yark 10280, has been and still is a New York State professional corporation. 22. That at all times herein, defendant PROMPT MEDICAL SUPPLY INC. c/o Naum Gomberg, 2009 Avenue U, Brooklyn, New York 11229, has been and still is a New Yark State professional corporation. 23. That at all times herein, defendant SKAPARS HEALTH PRODUCTS INC., 2375 A East 24th Street, Brooklyn, New York 11229, has been and still is a New York State corporation. 24. That at all times herein, defendant SR WELLNESS PT P.C., 9420 53rd Avenue, Elmhurst, New York 11373, has been and still is a New York State professional corporation. 25. That at all times herein, defendant THERAPEUTIC CHIROPRACTIC SERVICES P.C., 130 7th Avenue, Suite 312, New York, New York 10011, has been and still is a New Yark State professional corporation. 6
- 17. 17 of 62 26.That at all times herein, defendant KENSINGTON RADIOLOGY GROUP, P.C., 651 B. Coney Island Avenue, Brooklyn, New York 11218, has been and still is a New York State professional corporation. 27. That at all times herein, defendant ALLAY MEDICAL SERVICES, P.C., 1786 Flatbush Avenue, Brooklyn, New York 11210, has been and still is a New York State professional corporation. 28. That at all times herein, defendant AXIAL CHIROPRACTIC P.C. cjo Bruce C. Bromberg D.C., 54 Country Drive, Plainview, New York 11803, has been and still is a New York State professional corporation. 29. That at all times herein, defendant ACCELERATED SURGICALCENTER OF NORTH JERSEY, LLC, 680 Broadway, Suite 203,Paterson, New Jersey 07514,has been and still is a New Jersey State Limited Liability Company that conducts business in New York State. 30. That at all times herein, defendant TOP TAP ACUPUNCTURE, P.C., 314 Alexander Avenue, Bronx, New York 10454, has been and still is a New York State professional corporation. 31. That at all times herein, defendant MEDICSURG, 680 Broadway, Suite 204, Paterson, New Jersey 07514, has been and still is a New Jersey State corporation that conducts business in New York State. 7
- 18. 18 of 62 32.That at all times herein, defendant AMERICAN KINETICS LAB INC., 87 4th Avenue, Brooklyn, New York 11217, has been and still is a New York State professional corporation. 33. That at all times herein, defendant COLUMBUS IMAGING CENTER, LLC, cjo TangentSystems Corp., 591 Stewart Avenue, Suite 513, Garden City, New York 11530, has been and still is a New Jersey limited liability company that conducts business in New York state. 34. That at all times herein, defendant DANIEL COHEN PSYCHOLOGY, P.C., 3306 Skillman Avenue, Oceanside, New York 11572, has been and still is a NewYorkState professional corporation. 35. That at all times herein, defendant HAYEK CHIROPRACTIC P.C., 90-04 Merrick Boulevard, Jamaica, New York 11432, has been and still is a New York State professional corporation. 36. That at all times herein, defendant RONALD HAYEK, DC, 90-04 Merrick Boulevard, Jamaica, New York 11432, has been and still is a New York State resident. 37. That at all times herein, defendant SAMUEL WALTERS, MD, 3130 Grand Concourse, Suite B5, Bronx, New York 10458, has been and still is a New York State resident. 38. That at all times herein, defendant STONE ACUPUNCTURE, P.C., 248-25 Northern Boulevard, Little Neck, New York 11362, has been and still is a New York State professional corporation. 8
- 19. 19 of 62 39.That at all times herein, defendant ULTIMED HEALTHCARE, P.C., 70Tulip Lane, Williston Park, New York 11596, has been and still is aNew Jersey corporation doing business in New York. 40. That at all times herein, defendant LANTSMAN ACUPUNCTURE P.C., 3301 Willow Drive, Ocean, New Jersey 07712, has been and still is a New York State professional corporation. 41. That at all times herein, defendant MED EQUIPMENTSSERVICE, INC., 2451 East 2rt Street, Brooklyn, New York 11235, has been and still is a New York State corporation. 42. That at all times herein, defendant QUEENS SURGI:.CENTER, 83-40 Woodhaven Boulevard, Glendale, New York 11385, has been and still is a NewYorkState corporation. 43. That at all times herein, defendant RANDALL PHARMACY INC., 1753 Randall Avenue, Bronx, New York 10473, has been and still is a New York State corporation. 44. That at all times herein, defendant SENIORCARE EMERGENCY MEDICAL SERVICES INC., 700 Havemeyer Avenue, Bronx, New York 10473, has been and still is a New York State corporation. 45. That at all times herein, defendant TOTAL CHIROPRACTIC P.C. cjo Guy Villano, 375 South End Avenue, Suite 24N, New York, New York 10260, has been and still is a New York State professional corporation. 9
- 20. 20 of 62 46.That at all times herein, defendant WAVE MEDICAL SERVICES, P.C., 3049 Brighton 6th Street, Brooklyn, New York 11235, has been and still is a New York State professional corporation. 47. That at all times herein, defendant ACTION CHIROPRACTIC P.C. c/o Bruce Bromberg, 54 Country Drive, Plainview, New York 11803, has been and still is a New York State professional corporation. 48. That at all times herein, defendant MOHAMED ATTYA, M.D., 1552 Ralph Avenue, Brooklyn, New York 11236, has been and still is a New York State resident. 49. That at all times herein, defendant BARNERTSURGICALCENTER, LLC, 680 Broadway, Suite 202, Paterson, NewJersey 07514, has been and still is a New Jersey limited liability company which conducts business in New York State. 50. That at all times herein, defendant FARSAM MEDICAL SERVICES, P.C., 1 Oldwyck Crescent, Highland Mills, New York 10930, has been and still is a New York State professional corporation. 51. That at all times herein, defendant LUCKY CHIROPRACTIC CARE P.C., 355 Kings Highway, Suite SF, Brooklyn, New York 11223, has been and still is a NewYorkState professional corporation. 52. That at all times herein, defendant STRESSCARE BEHAVIORAL & PSYCHOLOGICAL SERVICES, P.C., 1543 East 18th Street, Brooklyn, New York 11230, has been and still is a New York State professional corporation. 10
- 21. 21 of 62 53.That at all times herein, defendant 21sr CENTURY PHARMACY INC., 96-05 57th Avenue, Corona, New York 11368, has been and still is a New York State corporation. 54. That at all times herein, defendant ARDEN M. KAISMAN, MD, P.C., 18 West 21st Street, Suite 900, New York, New York 10010, has been and still is a New York State professional corporation. 55. That at all times herein, defendant BIO-REFERENCE LABORATORIES, INC., cjoCT CorporationSystem, 111 Eighth Avenue, New York, New York 10011 has been and still is a New Jersey State corporation authorized to do business in New York State. 56. That at all times herein, defendant BRADLEY WASSERMAN, MD, 1841 Broadway, Suit 500, New York, New York 10023, has been and still is a New York State resident. 57. That at all times herein, defendant DAVID FLEISS, MD, 901 Fifth Avenue, New York, New York 10021, has been and still is a New York State resident. 58. That at all times herein, defendant EAST TREMONT MEDICAL CENTER a/k/a UPTON HEALTH CARE MANAGEMENT, INC., 930 East Tremont Avenue, 4th Floor, Bronx, New York 10460, has been and still is a New York State corporation. 59. That at all times herein, defendant FOREST HILLS MEDICAL, P.C., 83-40 Woodhaven Boulevard, Glendale, New York 11385, has been and still is a New York State professional corporation. 60. That at all times herein, defendantJOSEPH FEDRICK, MD, 930 EastTremont Avenue, Bronx, New York 10460, has been and still is a New York State resident. 11
- 22. 22 of 62 61.That at all times herein, defendant SOVEREIGN TRANSPORTATION INC., 5905 nth Avenue, Brooklyn, New York 11219, has been and still is a New York State corporation. 62. That at all times herein, defendant PANJSHIR LEASING INC. c/o Madaser Saleem, 3236 Green Point Avenue, Long Island City, New York 11101, has been and still is a New York State corporation. 63. That at all times herein, defendant PETERSON BELLEVUE, 15 Taylor Street, rt Floor, Johnson City, New York 13790 and 1151 East 82nd Street, Brooklyn, New York 11236, has been and still is a New York State resident. 64. That at all times herein, defendant JOE MYERS, 1315 Saint Johns Place, Brooklyn, New York 11213 has been and still is a New York State resident. 65. That at all times herein, defendant ALICE ALARCON, 1430 Ocean Avenue, Apt. 1K, Brooklyn, New York 11230, has been and still is a New York State resident. 66. That at all times herein, defendant CINAMONNE CHARLES, 3505 Foster Avenue, Brooklyn, New York 11210, has been and still is a New York State resident. 67. That at all times herein, defendantJOHNLENNON,785MacdonoughStreet, Brooklyn, New York 11223, has been and still is a New York State resident. 68. That at all times herein, defendant GERSY LOUISSANT, 1701 Carroll Street, Apt. 2R, Brooklyn, New York 11213, has been and still is a New York State resident. 69. That at all times herein, defendant MICHELLE HAYNIE, 413 Kosciuszko Street, Brooklyn, New York 11221, has been and still is a New York State resident. 12
- 23. 23 of 62 70.That at all times herein, defendant MARQUISIA GRANT, 340 Bainbridge Street, Apt. 6D, Brooklyn, New York 11232, has been and still is a New York State resident. 71. That at all times herein, defendantSHANICE PICKETT, 149 N Portland, #3E, Brooklyn, New York 11205, has been and still is a New York State resident. 72. That at all times herein, defendant TARA TAYLOR, 953 DeKalb Avenue, Brooklyn, New York 11221, has been and still is a New York State resident. 73. That at all times herein, defendant BAPTISTE MARCLISH, 1290 Ocean Avenue, Apt. 3C, Brooklyn, New York 11235, has been and still is a New York State resident. 74. That at all times herein, defendant MAHOGANY YULLES, 1805 Pitkin Avenue, Apt. A2, Brooklyn, New York 11212, has been and still is a New York State resident. 75. That at all times herein, defendant KARA KElTA KISSI, 365 Madison Street, Brooklyn, New York 11221, has been and still is a New York State resident. 76. That at all times herein, defendant SENY DIOP, 572 Lincoln Place, Brooklyn, New York 11216, has been and still is a New York State resident. 77. That at all times herein, defendant YURY CHERNIKAU, 2626 Homecrest Avenue, Brooklyn, New York 11235, has been and still is a New York State resident. 78. That at all times herein, defendantTRAVONSMITH, 1154 Nostrand Avenue, Apartment 2C, Brooklyn, New York 11226, has been and still is a New York State resident. 13
- 24. 24 of 62 79.That at all times herein, defendant MAHMOUD TELAB, 99 Linden Street, Malverne, New York 11565, has been and still is a New York State resident. 80. That at all times herein, defendant SHIRROD BELLS HALL, 454 Empire Boulevard, Apt. 2F, Brooklyn, New York 11256, has been and still is a New York State resident. 81. That at all times herein, defendant LATISHA GANNAWAY, 1620 St.John's Place, Apartment 4F, Brooklyn, New York 11223, has been and still is a New York State resident. 82. That at all times herein, defendant DERRON SMITH, 131 Belmont Avenue, Brooklyn, New York 11212, has been and still is a New York State resident. 83. That at all times herein, defendant JOSEPH BENOIT, 2242 Clarendon Road, Apt. 1F, Brooklyn, New York 11238, has been and still is a New York State resident. 84. That at all times herein, defendant JAMES ESTIMOND, 65 Willoughby Avenue, Brooklyn, New York 11205, has been and still is a New York State resident. THE KEMPER INSURANCE POLICY 85. That KEMPER issued insurance policy No. RB 710684 to PETERSON BELLEVUE (the "Policy"), which was effective from February 23, 2015 to November 24, 2015, when a cancellation of the Policy took effect. 14
- 25. 25 of 62 86.That the Policy states: SECTION III- PERSONAL AUTO COVERAGE * * * PART A- LIABILITY COVERAGE Insuring Agreement We will pay damages for "bodily injury," including damages for care and loss of services, or "property damage" for which any "insured" becomes legally responsible because of an auto accident. Damages include prejudgment interest awarded against the "insured." We will settle or defend, as we consider appropriate, any claim or suit asking for damages which are payable under the terms of the policy. This applies even if the claim or suit is groundless. In addition to our limit of liability, we will pay all defense costs we incur. 87. That the personal auto coverage section of the Policy contains the following exclusion: EXCLUSIONS We do not provide Liability Coverage for any person: 1. Who intentionally causes, or directs another person to cause, "bodily injury" or "property damage." 88. That the Policy further states: TRANSFER OF YOUR INTEREST IN THIS POLICY A. Your right and duties under this policy may not be assigned without our written consent. 15
- 26. 26 of 62 SUPPLEMENTARYUNINSUREDfUNDERINSURED MOTORISTS ENDORSEMENT INSURING AGREEMENT * * * II. Damages for Bodily Injury Caused By Uninsured Motor Vehicles We will pay all sums that the insured or the insured's legal representative shall be legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle because ofbodily injury sustained by the insured, caused by an accident arising out of such uninsured motor vehicle's ownership, maintenance or use, subject to the Exclusions, Conditions, Limits and other provisions of this SUM endorsement. 89. That the Policy contains the following exclusion: Fraud We do not provide coverage for any "insured" who has made fraudulent statements or engaged infraudulent conduct in connection with any accident or loss for which coverage is sought under this policy. AN OVERVIEW OF NEW YORK'S NO-FAULT LAWS 90. That New York's No-Fault laws are designed to ensure that injured victims ofmotor vehicle accidents have an efficient mechanism to pay for and receive the medically necessary healthcare services they require. Under New York's Comprehensive Motor Vehicle Insurance Reparations Act (N.Y. Ins. Law §§ 5101 et seq.) and the regulations promulgated pursuant thereto (11 N.Y.C.R.R. §§ 65 et seq.), automobile insurers are required to provide Personal Injury Protection Benefits ("No-Fault Benefits") to insureds. 16
- 27. 27 of 62 91.That No-Fault Benefits include up to $50,000 per insured for necessary expenses incurred for healthcare goods and services. 92. That an insured can assign his right to No-Fault Benefits to healthcare services providers in exchange for those services. Pursuant to a duly executed assignment, a healthcare service provider may submit claims directly to an insurance company and receive payment for the medically necessary services that it provides. THE APPLICABLE NO-FAULT REGULATIONS 93. That under 11 N.Y.C.R.R. 65-1.1, which governs No-Fault claims for the Claimants, the "Mandatory Personal Injury Protection Endorsement" of the regulation requires that insurers such as KEMPER provide No-Fault benefits to persons injured in the use or operation of vehicles in New York State, subject to certainconditions and terms. The "conditions" provision of the Mandatory Personal Injury Protection endorsement states: Conditions Action Against Company. No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with the terms of this coverage. * * * ... Upon request by the Company, the eligible injured person or that person's assignee or representative shall: * * * 17
- 28. 28 of 62 (b)as may reasonably be required submit to examinations under oath by any person named by the Company and subscribe the same; * * * (d) provide any other pertinent information that may assist the Company in determining the amount due and payable. 94. That the"exclusions" provision of the Mandatory Personal Injury Protection endorsement states: Exclusions This coverage does not apply to personal injury sustained by: * * * (f) any person who intentionally causes his or her own personal injury. 95. That in addition,11 N.Y.C.R.R. 65-3.5(c) provides that: "the insurer is entitled to receive all items necessary to verify the claim directly from the parties from whom such verification was requested." THE DEFENDANTS'S SPECIOUS NO-FAULT CLAIMS The May 26, 2015 Collision: 96. That on May 26, 2015, defendants, CINAMONNE CHARLES, GERSY LOUISSANT, JOHN LENNON and ALICE ALARCON (collectively, the 11 May 26, 2015 Collision Claimants11 ), and non-party, JOE MYERS, were occupants of a 2001 Ford van, license plate number GVR 6319, owned by defendant, PETERSON BELLEVUE, and insured 18
- 29. 29 of 62 byKEMPER, which is the same KEMPER-insured vehicle as was involved in all of the other collisions referenced in this complaint, which collided with a 2007 Ford automobile driven bySENY DIOP on Bedford Avenue near Gates Avenue in Brooklyn, New York. The police accident report indicates that GERSY LOUISSANT was the driver of the KEMPER- insured vehicle. There were no other occupants of the adverse vehicle. The police accident report indicates that GERSY LOUISSANT told the police at the scene that he drove the KEMPER-insured vehicle, and that the adverse vehicle sideswiped the KEMPER-insured vehicle as the adverse vehicle was attempting to get in front of the KEMPER-insured vehicle. The police accident report further indicates that SENY DIOP told the police at the scene that the KEMPER-insured vehicle sideswiped the adverse vehicle. The police accident reportfurther indicates thatCINAMONNE CHARLES, GERSY LOUISSANT, JOE MYERS, JOHN LENNON and SENY DIOP reported no physical injury at the scene, had no visible physical injury, refused medical attention at the scene, that damage to both vehicles was minor and that airbags did not deploy. 97. That despite these circumstances, the May 26,2015 Collision Claimants later reported to have sustained bodily injuries in this collision. KEMPER assigned claim number C032701NY15 to all No-Fault claims relating to the alleged May 26, 2015 collision. 98. That the May 26, 2015 Collision Claimants were persons who allegedly sustained personal injuries arising out of the use or operation of the insured motor vehicle and allegedly began receiving medical treatment and/ or supplies from defendants, BEST TOUCH PT P.C., F-R MOBILE PHYSICIAN, P.C., GARA MEDICAL CARE, P.C., GC 19
- 30. 30 of 62 CHIROPRACTICP.C., LIDA'S MEDICAL SUPPLY INC., MANHATTAN BEACH PHARMACY, INC., AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., KSENIA PAVLOVA, DO, LEV TAYTS, MD, PRO EDGE CHIROPRACTIC P.C., PROMPT MEDICAL SUPPLY INC., SKAPARS HEALTH PRODUCTS INC., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., ALLAY MEDICAL SERVICES, P.C., AXIAL CHIROPRACTIC P.C., ACCELERATED SURGICAL CENTEROF NORTHJERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, AMERICAN KINETICS LAB INC., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., SAMUEL WALTERS, MD, STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C., LANTSMAN ACUPUNCTURE P.C., MED EQUIPMENTS SERVICE, INC., METRO PAIN SPECIALISTS P.C., QUEENS SURGI- CENTER, RANDALL PHARMACY INC., SENIORCARE EMERGENCY MEDICAL SERVICES INC., TOTAL CHIROPRACTIC P.C., WAVE MEDICAL SERVICES, P.C., MOHAMEDATTYA,M.D.,2rtCENTURYPHARMACY,ARDENM.KAISMAN,MD,PC, BARNERTSURGICALCENTER, BIO-REFERENCELABS, BRADLEYWASSERMAN,MD, DAVID FLEISS, MD, EAST TREMONT MEDICAL CENTER a/k/a UPTON HEALTH CARE MANAGEMENT, INC., FARSAM MEDICAL SERVICE, PC, FOREST HILLS MEDICAL, P.C., JOSEPH FEDRICK, MD, RANDALL PHARMACY, INC. and RONALD HAYEK, DC (collectively, the "May 26, 2015 Collision Medical Provider Defendants"). 99. That KEMPER received numerous claims from the May 26, 2015 Collision 20
- 31. 31 of 62 MedicalProvider Defendants seeking to recover No-Fault benefits as the alleged assignees of the May 26, 2015 Collision Claimants. Notwithstanding the facts that May 26, 2015 Collision Claimants reported no physical injury at the scene, had no visible physical injury, refused medical attention at the scene, that damage to both vehicles was minor and that airbags did not deploy, the May 26, 2015 Medical Provider Defendants, to date, have submitted tens of thousands of dollars in No-Fault claims as the alleged assignees of the May 26, 2015 Collision Claimants, exclusive of interest and attorney's fees. 100. That these factors raised a strong probability that the treatments submitted were not related to the May 26, 2015 collision, which would be considered non-covered events under the No-Fault regulations. DEFENDANTS' VIOLATIONS OF THE NO-FAULT REGULATIONS 101. That based upon these factors, KEMPER, pursuant to its rights under theNo- Fault regulations, properly sought verification of these claims by requesting the Examinations Under Oath ("EUOs") of defendant, PETERSON BELLEVUE and the May 26, 2015 Collision Claimants to confirm the legitimacy of this loss and the alleged medical treatments. 102. That defendant, PETERSON BELLEVUE, and May 26, 2015 Collision Claimants, ALICE ALARCON and JOHN LENNON, each failed to appear for their scheduled EUOs on two occasions. These failures to appear were violations of the No-Fault regulations and violations of conditions precedent to coverage for all No-Fault claims submitted. 21
- 32. 32 of 62 103.That CINAMONNE CHARLES and GERSY LOUISSANT appeared for their EUOs. However, their testimony raised issues as to the legitimacy and medical necessity of their purported medical treatments. In particular, they gave inconsistent testimony, including as follows: GERSY LOUISSANT testified that they stayed at a restaurant. CINAMONNE CHARLES testified that they went to pick up food from a restaurant to eat at ALARCON's home. GERSY LOUISSANT testified that CINAMONNE CHARLES took a taxi home from the collision scene. CINAMONNE CHARLES testified that GERSY LOUISSANT drove her home. GERSY LOUISSANT described the collision as rear-ending the cab. CINAMONNE CHARLES described it as a sideswipe. 104. Thatthese factors further contributed to a strong probability the May 26,2015 Collision Claimants submitted treatments were not causally related to an insured incident. 105. That KEMPER then sought EUOs from the May 26, 2015 Collision Medical Provider Defendants, AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., KSENIA PAVLOVA, DO, LEV TAYTS, MD, PRO EDGE CHIROPRACTIC P.C., PROMPT MEDICAL SUPPLY INC., SKAPARS HEALTH PRODUCTS INC., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., BARNERT SURGICAL CENTER, ALLAY MEDICAL SERVICES, P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, AMERICAN KINETICS 22
- 33. 33 of 62 LABINC., BEST TOUCH PT P.C., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., RONALD HAYEK, DC, SAMUEL WALTERS, MD, STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C. and F-R MOBILE PHYSICIAN, P.C., proceeding as the May 26, 2015 Collision Claimants' purported assignees, to verify the bona fides of the claims, as well as to assess the causality between the purported treatments and the Claimants' alleged injuries. 106. That despite proper demand, the May 26,2015 Collision Medical Provider Defendants, AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., KSENIA PAVLOVA, DO, LEVTAYTS, MD, PRO EDGE CHIROPRACTIC P.C., PROMPT MEDICAL SUPPLY INC., SKAPARS HEALTH PRODUCTS INC., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., BARNERT SURGICAL CENTER, ALLAY MEDICAL SERVICES, P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, AMERICAN KINETICS LAB INC., BEST TOUCH PT P.C., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., RONALD HAYEK, DC, SAMUEL WALTERS, MD, STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C. and F-R MOBILE PHYSICIAN, P.C., and proceeding as the May 26, 2015 Collision Claimants' purported assignees, failed to appear for EUOs on two occasions each. AXIAL CHIROPRACTIC P.C. did appear, but refused to answer questions. These failures to 23
- 34. 34 of 62 appearand AXIAL CHIROPRACTIC P.C.'s refusal to answer questions were violations of the No-Faultregulations and violations ofconditions precedent to coverage for all No-Fault claims submitted. The October 6, 2015 Collision: 107. That on October 6, 2015, defendants, MICHELLE HAYNIE, MARQUISIA GRANT, SHANICE PICKETT and TARA TAYLOR (collectively, the "October 6, 2015 Collision Claimants"), were occupants of a 2001 Ford van, license plate number GVR 6319, which is the same KEMPER-insured vehicle that was involved in all of the other collisions referenced in this complaint, owned by defendant, PETERSON BELLEVUE, and insured by KEMPER, which collided with a 2007 Lincoln automobile driven by KARA KElTA KISSI, in which TRAVON SMITH was a passenger, at the intersection of Atlantic Avenue and Franklin Avenue in Brooklyn, New York. The adverse vehicle was owned by PANJSHIR LEASING INC. The police accidentreport indicates that MICHELLE HAYNIE was the driver of the KEMPER-insured vehicle. The police accident report indicates that the KEMPER-insured vehicle made contact with the adverse vehicle on the left side near the rear. The police accident report further indicates that MICHELLE HAYNIE, MARQUISIA GRANT, KARA KElTA KISSI and TRAVON SMITH reported no physical injury at the scene, had no visible physical injury and refused medical attention at the scene, thatSHANICEPICKETT and TARA TAYLOR sustained only "minor injuries", that damage to both vehicles was minor and that airbags did not deploy. 24
- 35. 35 of 62 108.That despite these circumstances, the October 6, 2015 Collision Claimants later reported to have sustained bodily injuries in this collision. KEMPER assigned claim number C062482NY15 to all No-Fault claims relating to the alleged October 6, 2015 collision. 109. That the October 6, 2015 Collision Claimants were persons who allegedly sustained personal injuries arising out of the use or operation of the insured motor vehicle and allegedly began receiving medical treatment from defendants, BEST TOUCH PT P.C., EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., GARA MEDICAL CARE, P.C., GC CHIROPRACTIC P.C., LIDA'S MEDICAL SUPPLY INC., MANHATTAN BEACH PHARMACY, INC., METRO PAINSPECIALISTS P.C., STATE CHIROPRACTIC, P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, ACTION CHIROPRACTIC P.C., BARNERT SURGICAL CENTER, LLC, FARSAM MEDICAL SERVICES, P.C., KENSINGTON RADIOLOGY GROUP, P.C., MEDICSURG, LUCKY CHIROPRACTIC CARE P.C., STONE ACUPUNCTURE, P.C., COLUMBUS IMAGING CENTER, LLC and STRESSCARE BEHAVIORAL & PSYCHOLOGICAL SERVICES, P.C. (collectively, the "October 6, 2015 Collision Medical Provider Defendants"). 110. That KEMPER received numerous claims from the October 6, 2015 Collision Medical Provider Defendants seeking to recover No-Fault benefits as the alleged assignees of the October 6, 2015 Collision Claimants. Notwithstanding the facts that MICHELLE HAYNIE and MARQUISIA GRANT reported no physical injury at the scene, had no visible physical injury and refused medical attention at the scene, that SHANICE PICKETT and 25
- 36. 36 of 62 TARATAYLORsustained only"minor injuries", that damage to both vehicles was minor and that airbags did not deploy, the October 6, 2015 Medical Provider Defendants, to date, have submitted over $109,000 in No-Fault claims as the alleged assignees of the October 6, 2015 Collision Claimants, exclusive of interest and attorney's fees. 111. That these factors raised a strong probability that the treatments submitted were not related to the October 6, 2015 collision, which would be considered non-covered events under the No-Fault regulations. DEFENDANTS' VIOLATIONS OF THE NO-FAULT REGULATIONS 112. Thatbased upon these factors, KEMPER, pursuant to its rights under theNa- Fault regulations, properly sought verification of these claims by requesting the EUOs of defendant, PETERSON BELLEVUE, and the October 6, 2015 CollisionClaimants to confirm the legitimacy of this loss and the alleged medical treatments. 113. That defendant, PETERSON BELLEVUE, and the October 6, 2015 Collision Claimants each failed to appear for their scheduled EUOs on two occasions. These failures to appear were violations of the No-Fault regulations and violations of conditions precedent to coverage for all No-Fault claims submitted. 114. That KEMPER then sought EUOs from the October 6, 2015 Collision Medical Provider Defendants, BEST TOUCH, PT, EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., METRO PAIN SPECIALISTS, PC and STATE CHIROPRACTIC, P.C., proceeding as the October 6, 2015 Collision Claimants' purported assignees, to verify the bona fides of the claims, as well as to assess the causality between the purported treatments and the Claimants' alleged injuries. 26
- 37. 37 of 62 115.That despite proper demand, the October 6, 2015 Collision Medical Provider Defendants, BEST TOUCH, PT, EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., METRO PAIN SPECIALISTS, PC and STATE CHIROPRACTIC, P.C., proceeding as the October 6, 2015 Collision Claimants' purported assignees, failed to appear for EUOs on two occasions each. These failures to appear were violations of the No-Fault regulations and violations of conditions precedent to coverage for all No-Fault claims submitted. ADDITIONAL COLLISIONS The July 14, 2015 Collision: 116. That on July 14,2015, BAPTISTE MARCLISH was the driver of the 2001 Ford van, license plate number GVR 6319, which is the same KEMPER-insured vehicle that was involved in all of the other collisions referenced in this complaint, owned by defendant, PETERSON BELLEVUE, and insured by KEMPER, which collided with a 2014 Mercedes vehicle driven by YURY CHERNIKAU, on Coney Island Avenue at the intersection of Ditmas Avenue in Brooklyn, New York. BAPTISTE MARCLISH was a passenger in the KEMPER-insured vehicle. The adverse vehicle was owned by defendant, SOVEREIGN TRANSPORTATION INC. The police accident report indicates that the KEMPER-insured vehicle rear-ended the adverse vehicle. The police accident report further indicates that BAPTISTE MARCLISH and JOSEPH BENOIT reported no physical injury at the scene, had no visible physical injury and refused medical attention at the scene, that damage to both vehicles was minor and that airbags did not deploy. (BAPTISTE MARCLISH, YURY 27
- 38. 38 of 62 CHERNIKAUand JOSEPH BENOIT are collectively, the "July 14, 2015 Collision Claimants.") The January 3, 2016 Collision: 117. That onJanuary 3, 2016, MAHOGANYYULLESwasthe driver of a2001 Ford van, which is the same KEMPER-insured vehicle that was involved in all of the other collisions referenced in this complaint, though the police report indicates it is owned by defendant, JAMES ESTIMOND, which collided with a 2007 Toyota vehicle driven by MAHMOUD TELAB at the intersection of Atlantic Avenue and Hale Avenue in Brooklyn, New York. The passengers of the same KEMPER-insured vehicle were SHIRROD BELLS HALL, LATISHA GANNAWAY and DERRON SMITH. The police accident report indicates that MAHMOUD TELAB told the police at the scene that the KEMPER-insured vehicle drove into his lane. The police accident report further indicates that MAHOGANY YULLES told the police at the scene that the adverse vehicle entered his lane and struck the KEMPER vehicle. The police accident reportfurther indicates that MAHOGANY YULLES and MAHMOUD TELAB reported no physical injury at the scene, had no visible physical injury and refused medical attention at the scene, that damage to both vehicles was minor and that airbags did not deploy. (MAHOGANY YULLES, MAHMOUD TELAB SHIRROD BELLS HALL, LATISHA GANNAWAY and DERRON SMITH are collectively, the "January 3, 2016 Collision Claimants.") 28
- 39. 39 of 62 PETERSONBELLEVUE'S MATERIAL MISREPRESENTATION IN THE APPLICATION FOR THE POLICY 118. That defendant, PETERSON BELLEVUE, submitted to KEMPER an application for insurance (the "Insurance Application"). 119. That defendant, PETERSON BELLEVUE, signed the Insurance Application. 120. That the Insurance Application asks, "Has any driver shown above [PETERSON BELLEVUE] had an accident regardless of fault, or been convicted of a moving violation within the last 39 months?" 121. That in answer to the question in paragraph No. 109 above, defendant, PETERSON BELLEVUE, answered "No." 122. That the KEMPER-insured vehicle had been involved in collisions within 39 months before the date of the Insurance Application. 123. That the defendants have commenced, or will commence, legal actions or file for arbitrations against KEMPER seeking monetary damages for No-Fault claims that KEMPER has properly denied, as detailed above. 124. That KEMPER requires and requests a declaration of the rights and other legal relations of the respective parties in accordance with the applicable laws relating to declaratory judgment. 125. That KEMPER has no adequate remedy at law. 126. That KEMPER has not previously sought the relief requested herein in this or any other Court. 29
- 40. 40 of 62 FORA FIRST CAUSE OF ACTION (Against All Defendants) 127. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 126 of this complaint as if fully set forth herein. 128. That based upon the circumstances stated above, KEMPER maintains a founded belief that the alleged injuries of the May 26, 2015 Collision Claimants, the October 6, 2015 Collision Claimants, the July 14, 2015 Collision Claimants and the January 3, 2016 Collision Claimants (collectively, the "Claimants"), and any subsequent No-Fault treatments submitted by the May 26, 2015 Collision Medical Provider Defendants and the October 6, 2015 Collision Medical Provider Defendants (collectively, the "Medical Provider Defendants") were not causally related to an insured incident. 129. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that the Claimants and the Medical Provider Defendants proceeding as the purported assignees of the Claimants have no rights to collect No-Fault benefits with respect to the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions. FOR A SECOND CAUSE OF ACTION (Against ALICE ALARCON, JOHN LENNON, BEST TOUCH PT P.C., F-R MOBILE PHYSICIAN, P.C., GARA MEDICAL CARE, P.C., GC CHIROPRACTIC P.C., LIDA'S MEDICAL SUPPLY INC., MANHATTAN BEACH PHARMACY, INC., AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEARWATERPSYCHOLOGICALSERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., KSENIA PAVLOVA, DO, LEV TAYTS, MD, PRO EDGE CHIROPRACTIC P.C., PROMPT MEDICAL SUPPLY INC., SKAPARS HEALTH PRODUCTS INC., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., 30
- 41. 41 of 62 KENSINGTONRADIOLOGY GROUP, P.C., ALLAY MEDICALSERVICES, P.C., AXIAL CHIROPRACTIC P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, AMERICAN KINETICS LAB INC., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., SAMUEL WALTERS, MD, STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C., LANTSMAN ACUPUNCTURE P.C., MED EQUIPMENTSSERVICE, INC., METRO PAIN SPECIALISTS P.C., QUEENS SURGI-CENTER, RANDALL PHARMACY INC., SENIORCARE EMERGENCY MEDICAL SERVICES INC., TOTAL CHIROPRACTIC P.C., WAVE MEDICAL SERVICES, P.C., MOHAMED ATTYA, M.D., 2rt CENTURY PHARMACY, ARDEN M. KAISMAN, MD, PC, BARNERT SURGICAL CENTER, BIG-REFERENCELABORATORIES, INC., BRADLEY WASSERMAN, MD, DAVID FLEISS, MD, EAST TREMONT MEDICAL CENTER a/k/a UPTON HEALTH CARE MANAGEMENT, INC., FARSAM MEDICAL SERVICE, PC, FOREST HILLS MEDICAL, P.C., JOSEPH FEDRICK, MD, RANDALL PHARMACY, INC. and RONALD HAYEK, DC only) 130. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 129 of the complaint as if fully set forth herein. 131. That the May 26,2015 Collision Claimants, ALICE ALARCON and JOHN LENNON, breached conditions precedent to coverage under the No-Fault regulations by each failing to appear for EUOs on two occasions. 132. That these breaches of the No-Fault regulations relieve KEMPER of any obligations to pay the No-Fault claims of the May 26, 2015 Collision Claimants, ALICE ALARCON and JOHN LENNON, and the May 26, 2015 Collision Medical Provider Defendants asserting their claims as the purported assignees of the May 26, 2015 Collision Claimants, ALICE ALARCON and JOHN LENNON. 133. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that the May 26, 2015 Collision Claimants, ALICE ALARCON and JOHN LENNON, and 31
- 42. 42 of 62 theMay 26, 2015 Collision Medical Provider Defendants asserting their claims as the purported assignees of the May 26, 2015 Collision Claimants, ALICE ALARCON and JOHN LENNON, have no rights to collect No-Fault benefits with respect to the May 26, 2015 collision. FOR A THIRD CAUSE OF ACTION (Against BEST TOUCH PT P.C., EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., GARA MEDICAL CARE, P.C., GC CHIROPRACTIC P.C., LIDA'S MEDICAL SUPPLY INC., MANHATTAN BEACH PHARMACY, INC., METRO PAIN SPECIALISTS P.C., STATE CHIROPRACTIC, P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, ACTION CHIROPRACTIC P.C., BARNERT SURGICAL CENTER, LLC, FARSAM MEDICAL SERVICES, P.C., KENSINGTON RADIOLOGY GROUP, P.C., MEDICSURG, LUCKY CHIROPRACTIC CARE P.C., STONE ACUPUNCTURE, P.C., COLUMBUS IMAGING CENTER, LLC and STRESSCARE BEHAVIORAL & PSYCHOLOGICAL SERVICES, P.C. only) 134. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 133 of the complaint as if fully set forth herein. 135. That the October 6, 2015 Collision Claimants breached conditions precedent to coverage under the No-Fault regulations by each failing to appear for EUOs on two occasions. 136. That these breaches of the No-Fault regulations relieve KEMPER of any obligations to pay the No-Fault claims of the October 6, 2015 Collision Claimants and the October 6, 2015 Collision Medical Provider Defendants asserting their claims as the purported assignees of the October 6, 2015 Collision Claimants. 32
- 43. 43 of 62 137.That by reason of the foregoing, KEMPER is entitled to a judgment declaring that the October 6, 2015 Collision Claimants and the October 6, 2015 Collision Medical Provider Defendants asserting their claims as the purported assignees of the October 6, 2015 Collision Claimants, have no rights to collect No-Fault benefits with respect to the October 6, 2015 collision. FOR A FOURTH CAUSE OF ACTION (Against CINAMONNE CHARLES, GERSY LOUISSANT, JOE MYERS, JOHN LENNON, ALICE ALARCON, AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., KSENIA PAVLOVA, DO, LEV TAYTS, MD, PRO EDGE CHIROPRACTIC P.C., PROMPT MEDICAL SUPPLY INC., SKAPARS HEALTH PRODUCTS INC., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., BARNERT SURGICAL CENTER, ALLAY MEDICALSERVICES, P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, AMERICAN KINETICS LAB INC., BEST TOUCH PT P.C., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., RONALD HAYEK, DC, SAMUEL WALTERS, MD, STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C. and F-R MOBILE PHYSICIAN, P.C. only) 138. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 137 of the complaint as if fully set forth herein. 139. That the May 26, 2015 Collision Medical Provider Defendants, AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., KSENIA PAVLOVA, DO, LEV TAYTS, MD, PRO EDGE CHIROPRACTIC P.C., PROMPT MEDICALSUPPLYINC.,SKAPARSHEALTHPRODUCTSINC.,SRWELLNESSPTP.C., 33
- 44. 44 of 62 THERAPEUTICCHIROPRACTICSERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., BARNERT SURGICAL CENTER, ALLAY MEDICAL SERVICES, P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, AMERICAN KINETICS LAB INC., BEST TOUCH PT P.C., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEKCHIROPRACTICP.C.,RONALDHAYEK,DC,SAMUELWALTERS,MD,STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C. and F-R MOBILE PHYSICIAN, P.C., proceeding as the May 26, 2015 Claimants' purported assignees breached conditions precedent to coverage under the No-Fault regulations by each failing to appear for EUOs on two occasions. 140. That these breaches of the No-Fault regulations relieve KEMPER of any obligations to pay the No-Fault claims of the May 26, 2015 Collision Medical Provider Defendants, AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CAREP.C.,KSENIAPAVLOVA,DO,LEVTAYTS,MD,PROEDGECHIROPRACTICP.C., PROMPT MEDICAL SUPPLY INC., SKAPARS HEALTH PRODUCTS INC., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., BARNERT SURGICAL CENTER, ALLAY MEDICAL SERVICES, P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, AMERICAN KINETICS LAB INC., BEST TOUCH PT P.C., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN 34
- 45. 45 of 62 PSYCHOLOGY,P.C., HAYEK CHIROPRACTIC P.C., RONALD HAYEK, DC, SAMUEL WALTERS, MD, STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C. and F-R MOBILE PHYSICIAN, P.C., asserting their claims as the purported assignees of the May 26, 2015 Collision Claimants. 141. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that the May 26, 2015 CollisionClaimants, and the May 26, 2015 CollisionMedical Provider Defendants, AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., KSENIA PAVLOVA, DO, LEV TAYTS, MD, PRO EDGE CHIROPRACTIC P.C., PROMPT MEDICAL SUPPLY INC., SKAPARS HEALTH PRODUCTS INC., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., BARNERT SURGICAL CENTER, ALLAY MEDICAL SERVICES, P.C., ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, AMERICAN KINETICS LAB INC., BEST TOUCH PT P.C., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., RONALD HAYEK, DC, SAMUEL WALTERS, MD, STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C. andF-R MOBILE PHYSICIAN, P.C., proceeding as the May 26,2015 Collision Claimants1 purported assignees, have no rights to collect No-Fault benefits with respect to the May 26, 2015 collision. 35
- 46. 46 of 62 FORA FIFTH CAUSE OF ACTION (Against MICHELLE HAYNIE, MARQUISIA GRANT, SHANICE PICKETT and TARA TAYLOR, BEST TOUCH PT P.C., EVERGREEN ACUPUNCTURE, F-R MOBILE PHYSICIAN, P.C., GARA MEDICAL CARE, P.C., GC CHIROPRACTIC P.C., LIDNS MEDICAL SUPPLY INC., MANHATTAN BEACH PHARMACY, INC., METRO PAIN SPECIALISTS PROFESSIONAL CORPORATION, MEDICSURG and STATE CHIROPRACTIC, P.C. only) 142. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 141 of the complaint as if fully set forth herein. 143. That the October 6, 2015 Collision Medical Provider Defendants, BEST TOUCH, PT, EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., METRO PAIN SPECIALISTS, PC and STATE CHIROPRACTIC, P.C., proceeding as the October 6, 2015 Claimants1 purported assignees breached conditions precedentto coverage under the No-Fault regulations by each failing to appear for EUOs on two occasions. 144. That these breaches of the No-Fault regulations relieve KEMPER of any obligations to pay the No-Fault claims of the October 6, 2015 Collision Medical Provider Defendants BEST TOUCH, PT, EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., METRO PAIN SPECIALISTS, PC and STATE CHIROPRACTIC, P.C., asserting their claims as the purported assignees of the October 6, 2015 CollisionClaimants. 145. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that the October 6, 2015 Collision Claimants, and the October 6, 2015 Collision Medical Provider Defendants proceeding as the October 6, 2015 Collision Claimants1 purported assignees, have no rights to collect No-Fault benefits with respect to the October 6, 2015 collision. 36
- 47. 47 of 62 FORA SIXTH CAUSE OF ACTION (Against BEST TOUCH PT P.C., EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., GARA MEDICAL CARE, P.C., GC CHIROPRACTIC P.C., METRO PAIN SPECIALISTS P.C., STATE CHIROPRACTIC, P.C., AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., PRO EDGE CHIROPRACTIC P.C., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., ALLAY MEDICAL SERVICES, P.C., AXIAL CHIROPRACTIC P.C., TOP TAP ACUPUNCTURE, P.C., COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C., LANTSMAN ACUPUNCTUREP.C., TOTALCHIROPRACTICP.C., WAVE MEDICAL SERVICES, P.C., ACTION CHIROPRACTIC P.C., FARSAM MEDICAL SERVICES, P.C., LUCKY CHIROPRACTIC CARE P.C., ARDEN M. KAISMAN, MD, P.C., EAST TREMONT MEDICAL CENTER a/k/a UPTON HEALTH CARE MANAGEMENT, INC., FOREST HILLS MEDICAL, P.C. and STRESSCARE BEHAVIORAL & PSYCHOLOGICAL SERVICES, P.C. only) 146. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 145 of the complaint as if fully set forth herein. 147. That at all times relevant herein, defendants, BEST TOUCH PT P.C., EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., GARA MEDICAL CARE, P.C., GC CHIROPRACTIC P.C., METRO PAIN SPECIALISTS P.C., STATE CHIROPRACTIC, P.C., AHMED MEDICALCAREP.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., LEV TAYTS, MD, PRO EDGE CHIROPRACTIC P.C., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., ALLAY MEDICALSERVICES, P.C., AXIAL CHIROPRACTIC 37
- 48. 48 of 62 P.C.,ACCELERATED SURGICAL CENTER OF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, COLUMBUS IMAGING CENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., STONE ACUPUNCTURE, P.C. ULTIMED HEALTHCARE, P.C., LANTSMAN ACUPUNCTURE P.C., QUEENS SURGI-CENTER, TOTAL CHIROPRACTIC P.C., WAVE MEDICAL SERVICES, P.C., ACTION CHIROPRACTIC P.C., BARNERT SURGICAL CENTER, LLC, FARSAM MEDICAL SERVICES, P.C., KENSINGTON RADIOLOGY GROUP, P.C., LUCKY CHIROPRACTIC CARE P.C., STONE ACUPUNCTURE, P.C. and STRESSCARE BEHAVIORAL & PSYCHOLOGICAL SERVICES, P.C., submitted claims for reimbursement for No-Fault claims on behalf of the Claimants for the services of independent contractors. 148. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that defendants, BESTTOUCH PT P.C., EVERGREEN ACUPUNCTURE, P.C., F-R MOBILE PHYSICIAN, P.C., GARA MEDICAL CARE, P.C., GC CHIROPRACTIC P.C., METRO PAIN SPECIALISTS P.C., STATE CHIROPRACTIC, P.C., AHMED MEDICAL CARE P.C., BLANO MEDICAL, P.C., CLEAR WATER PSYCHOLOGICAL SERVICES P.C., HOLY STAR ACUPUNCTURE, P.C., HORIZON PT CARE P.C., LEV TAYTS, MD, PRO EDGE CHIROPRACTIC P.C., SR WELLNESS PT P.C., THERAPEUTIC CHIROPRACTIC SERVICES P.C., KENSINGTON RADIOLOGY GROUP, P.C., ALLAY MEDICAL SERVICES,P.C.,AXIALCHIROPRACTICP.C.,ACCELERATEDSURGICALCENTEROF NORTH JERSEY, LLC, TOP TAP ACUPUNCTURE, P.C., MEDICSURG, COLUMBUS 38
- 49. 49 of 62 IMAGINGCENTER, LLC, DANIEL COHEN PSYCHOLOGY, P.C., HAYEK CHIROPRACTIC P.C., STONE ACUPUNCTURE, P.C., ULTIMED HEALTHCARE, P.C., LANTSMAN ACUPUNCTUREP.C., QUEENSSURGI-CENTER, TOTAL CHIROPRACTIC P.C., WAVE MEDICAL SERVICES, P.C., ACTION CHIROPRACTIC P.C., BARNERT SURGICAL CENTER, LLC, FARSAM MEDICAL SERVICES, P.C., KENSINGTON RADIOLOGY GROUP, P.C., LUCKY CHIROPRACTIC CARE P.C., STONE ACUPUNCTURE, P.C. and STRESSCARE BEHAVIORAL & PSYCHOLOGICAL SERVICES, P.C., have no standing to recover No-Fault benefits with respect to the May 26, 2015 and October 6, 2015 collisions. FOR A SEVENTH CAUSE OF ACTION (Against PETERSON BELLEVUE, ALICE ALARCON, CINAMONNE CHARLES, JOHN LENNON, GERSY LOUISSANT, MICHELLE HAYNIE, MARQUISIA GRANT, SHANICE PICKETT, TARA TAYLOR, BAPTISTE MARCLISH, MAHOGANY YULLES, KARA KElTA KISSI, SENY DIOP, YURY CHERNIKAU, TRAVON SMITH, MAHMOUD TELAB, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, JOSEPH BENOIT, JAMES ESTIMOND, SOVEREIGN TRANSPORTATION INC. and PANJSHIR LEASING INC. only) 149. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 148 of the complaint as if fully set forth herein. 150. That the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced above did not involve a fortuitous event and were not covered under the Policy or as a matter of public policy. 39
- 50. 50 of 62 151.That by reason of the foregoing, KEMPER is entitled to a judgment declaring that KEMPER has no duty to defend or to indemnify PETERSON BELLEVUE, ALICE ALARCON, CINAMONNE CHARLES, JOHN LENNON, GERSY LOUISSANT, MICHELLE HAYNIE, MARQUISIA GRANT, SHANICE PICKETT, TARA TAYLOR, BAPTISTE MARCLISH, MAHOGANYYULLES, KARA KElTA KISSI, SENY DIOP, YURY CHERNIKAU, TRAVON SMITH, MAHMOUD TELAB, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, JOSEPH BENOIT, JAMES ESTIMOND, SOVEREIGN TRANSPORTATION INC. and PANJSHIR LEASING INC. for any lawsuits or arbitrations arising from the May 26, 2015, October 6, 2015, July 14,2015 and January 3, 2016 collisions referenced above, or to provide any uninsured/underinsured motorists coverage to insured, PETERSON BELLEVUE, drivers, GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH and MAHOGANY YULLES or passengers, CINAMONNE CHARLES, JOHN LENNON, ALICE ALARCON, MARQUISIA GRANT, TARA TAYLOR,SHANICEPICKETT, SHIRROD BELLSHALL, LATISHAGANNAWAY, DERRON SMITH and JAMES ESTIMOND with respect to the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced above. 40
- 51. 51 of 62 FORAN EIGHTH CAUSE OF ACTION (Against PETERSON BELLEVUE, ALICE ALARCON, CINAMONNE CHARLES, JOHN LENNON, GERSY LOUISSANT, MICHELLE HAYNIE, MARQUISIA GRANT, SHANICE PICKETT, TARA TAYLOR, BAPTISTE MARCLISH, MAHOGANY YULLES, KARA KElTA KISSI, SENY DIOP, YURY CHERNIKAU, TRAVON SMITH, MAHMOUD TELAB, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, JOSEPH BENOIT, JAMES ESTIMOND, SOVEREIGN TRANSPORTATION INC. and PANJSHIR LEASING INC. only) 152. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 151 of the complaint as if fully set forth herein. 153. That the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced above did not involve an accident and is not covered under the Policy or as a matter of public policy. 154. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that KEMPER has no duty to defend or to indemnify PETERSON BELLEVUE, ALICE ALARCON, CINAMONNE CHARLES, JOHN LENNON, GERSY LOUISSANT, MICHELLE HAYNIE, MARQUISIA GRANT, SHANICE PICKETT, TARA TAYLOR, BAPTISTE MARCLISH, MAHOGANY YULLES, KARA KElTA KISSI, SENY DIOP, YURY CHERNIKAU, TRAVON SMITH, MAHMOUD TELAB, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, JOSEPH BENOIT, JAMES ESTIMOND, SOVEREIGN TRANSPORTATION INC. and PANJSHIR LEASING INC. for any lawsuits or arbitrations arising from the May 26,2015, October 6, 2015, July 14,2015 and January 3, 2016 collisions referenced above, or to provide any uninsured/ underinsured motorists 41
- 52. 52 of 62 coverageto insured, PETERSON BELLEVUE, drivers, GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH and MAHOGANY YULLES or passengers, CINAMONNE CHARLES, JOHN LENNON, ALICE ALARCON, MARQUISIA GRANT, TARATAYLOR, SHANICE PICKETT, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH and JAMES ESTIMOND with respect to the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced above. FOR A NINTH CAUSE OF ACTION (Against PETERSON BELLEVUE, GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH, MAHOGANY YULLES, and JAMES ESTIMOND only) 155. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 154 of the complaint as if fully set forth herein. 156. That the Policy contains an exclusion which provides by its terms that the Policy does not provide liability coverage for any person who intentionally causes, or directs another person to cause, bodily injury or property damage. 157. That PETERSON BELLEVUE, GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH, MAHOGANY YULLES and JAMES ESTIMOND intentionally caused, or directed another person to cause, bodily injury or property damage with respect to the May 26,2015, October 6, 2015, July 14,2015 and January 3, 2016 collisions referenced above. 158. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that the Policy provides no liability coverage to PETERSON BELLEVUE, GERSY 42
- 53. 53 of 62 LOUISSANT,MICHELLE HAYNIE, BAPTISTE MARCLISH, MAHOGANY YULLES and JAMES ESTIMOND with respect to the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced above. FOR A TENTH CAUSE OF ACTION (Against PETERSON BELLEVUE, ALICE ALARCON, CINAMONNE CHARLES, JOHN LENNON, GERSY LOUISSANT, MICHELLE HAYNIE, MARQUIS!A GRANT, SHANICE PICKETT, TARA TAYLOR, BAPTISTE MARCLISH, MAHOGANY YULLES, KARA KElTA KISSI, SENY DIOP, YURY CHERNIKAU, TRAVON SMITH, MAHMOUD TELAB, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, JOSEPH BENOIT, JAMES ESTIMOND, SOVEREIGN TRANSPORTATION INC. and PANJSHIR LEASING INC. only) 159. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 158 of the complaint as if fully set forth herein. 160. That PETERSON BELLEVUE made a material misrepresentation in the Insurance Application. 161. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that KEMPER has no duty to defend or to indemnify PETERSON BELLEVUE, ALICE ALARCON, CINAMONNE CHARLES, JOHN LENNON, GERSY LOUISSANT, MICHELLE HAYNIE, MARQUISIA GRANT, SHANICE PICKETT, TARA TAYLOR, BAPTISTE MARCLISH, MAHOGANY YULLES, KARA KElTA KISSI, SENY DIOP, YURY CHERNIKAU, TRAVON SMITH, MAHMOUD TELAB, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, JOSEPH BENOIT, JAMES ESTIMOND, SOVEREIGN TRANSPORTATION INC. and PANJSHIR LEASING INC. for any lawsuits 43
- 54. 54 of 62 orarbitrations arising from the May 26, 2015, October 6, 2015, July 14,2015 and January 3, 2016 collisions referenced above, or to provide any uninsured/underinsured motorists coverage to insured, PETERSON BELLEVUE, drivers, GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH and MAHOGANY YULLES or passengers, CINAMONNE CHARLES, JOHN LENNON, ALICE ALARCON, MARQUISIA GRANT, TARA TAYLOR, SHANICE PICKETT, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH and JAMES ESTIMOND with respect to the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced above. FOR AN ELEVENTH CAUSE OF ACTION (Against PETERSON BELLEVUE, GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH, MAHOGANY YULLES, CINAMONNE CHARLES, JOHN LENNON, ALICE ALARCON, MARQUISIA GRANT, TARA TAYLOR, SHANICE PICKETT, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, and JAMES ESTIMOND only) 162. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 161 of the complaint as if fully set forth herein. 163. That the Policy contains a policy condition which provides by its terms that KEMPER does not provide coverage for any insured who has made fraudulent statements or engaged in fraudulent conduct in connection with any accident or loss for which coverage is sought under the Policy. 164. That PETERSON BELLEVUE, GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH, MAHOGANY YULLES, CINAMONNE CHARLES, JOHN LENNON, ALICE ALARCON, MARQUISIA GRANT, TARA TAYLOR, SHANICE 44
- 55. 55 of 62 PICKETT,SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH and JAMES ESTIMOND have engaged in fraudulent conduct in connection with the May 26, 2015, October 6, 2015, July 14,2015 and/ or the January 3, 2016 collisions referenced above. 165. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that KEMPER has no duty to provide any insurance coverage under the Policy, including but not limited to, any duty to defend or to indemnify PETERSON BELLEVUE, GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH, MAHOGANY YULLES, CINAMONNE CHARLES, JOHN LENNON, ALICE ALARCON, MARQUISIA GRANT, TARATAYLOR, SHANICE PICKETT, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRONSMITH and JAMES ESTIMOND for any lawsuits or arbitrations arising from the May 26,2015, October 6, 2015, July 14,2015 andJanuary3,2016collisionsreferencedabove, or to provide any uninsured/ underinsured motorists coverage to PETERSON BELLEVUE, GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH, MAHOGANY YULLES, CINAMONNE CHARLES, JOHN LENNON, ALICE ALARCON, MARQUISIA GRANT, TARA TAYLOR, SHANICE PICKETT, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH and JAMES ESTIMOND with respect to the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced above. FOR A TWELFTH CAUSE OF ACTION (Against PETERSON BELLEVUE, MAHMOUD TELAB, MAHOGANY YULLES, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, and JAMES ESTIMOND only) 166. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 165 of this complaint as if fully set forth herein. 45
- 56. 56 of 62 167.That the Policy contains an a policy condition which provides by its terms that KEMPER does not provide coverage for any insured who transfers his interest in the insured vehicle without consent of KEMPER. 168. That PETERSON BELLEVUE transferred his interests in the insured vehicle to JAMES ESTIMOND prior to January 3, 2016, without KEMPER's consent. 169. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that KEMPER has no duty to provide any insurance coverage under the Policy, including but not limited to, any duty to defend or to indemnify PETERSON BELLEVUE, MAHMOUD TELAB, MAHOGANY YULLES, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH and JAMES ESTIMOND for any lawsuits or arbitrations arising from the January 3, 2016 collision referenced above, or to provide any uninsured/underinsured motorists coverage to PETERSON BELLEVUE, MAHMOUD TELAB, MAHOGANY YULLES, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH and JAMES ESTIMOND with respect to the January 3, 2016 collision referenced above. FOR A THIRTEENTH CAUSE OF ACTION (Against PETERSON BELLEVUE, MAHMOUD TELAB, MAHOGANY YULLES, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, and JAMES ESTIMOND only) 170. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 169 of this complaint as if fully set forth herein. 46
- 57. 57 of 62 171.That the January 3, 2016 collision occurred after the Policy was no longer in effect. 172. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that KEMPER has no duty to provide any insurance coverage under the Policy, including but not limited to, any duty to defend or to indemnify PETERSON BELLEVUE, MAHMOUD TELAE, MAHOGANY YULLES, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH and JAMES ESTIMOND for any lawsuits or arbitrations arising from the January 3, 2016 collision referenced above, or to provide any uninsured/underinsured motorists coverage to PETERSON BELLEVUE, MAHMOUD TELAE, MAHOGANY YULLES, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH and JAMES ESTIMOND with respect to the January 3, 2016 collision referenced above. FOR A FOURTEENTH CAUSE OF ACTION (Against SOVEREIGN TRANSPORTATION INC. only) 173. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 172 of this complaint as if fully set forth herein. 174. That by reason of the foregoing, KEMPER is entitled to a judgmentdeclaring that KEMPER has no duty to provide indemnification or contribution to SOVEREIGN TRANSPORTATION INC. for any judgment against it or any other liability arising out of the July 14, 2015 collision. 47
- 58. 58 of 62 FORA FIFTEENTH CAUSE OF ACTION (Against PANJSHIR LEASING INC. only) 175. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 174 of this complaint as if fully set forth herein. 176. That by reason of the foregoing, KEMPER is entitled to a judgment declaring that KEMPER has no duty to provide indemnification or contribution to PANJSHIR LEASING INC. for any judgment against them or any other liability arising out of the October 6, 2015 collision. FOR A SIXTEENTH CAUSE OF ACTION (Against All Defendants) 177. KEMPER repeats and realleges the allegations contained in paragraphs 1 through 176 of this complaint as if fully set forth herein. 178. That KEMPER will suffer irreparable harm if a permanent stay of all arbitrations, lawsuits and/ or claims by the defendants is not issued pending the determination of this action. 179. That KEMPER is therefore entitled to a judgment declaring a permanent stay of all arbitrations, lawsuits and/ or claims by defendants relating to No-Fault claims of the Claimants arising from the May 26,2015, October 6, 2015, July 14,2015 and January 3, 2016 collisions referenced above. WHEREFORE, the plaintiff, KEMPER INDEPENDENCE INSURANCE COMPANY, demands judgment as follows: 48
- 59. 59 of 62 a.On the First Cause of Action against all defendants declaring that KEMPER owes no duty to pay No-Fault claims with respect to the May 26, 2015 and October 6, 2015 collisions referenced in this complaint; b. On the Second Cause of Action against the defendants named in this cause of action declaring that KEMPER owes no duty to pay No-Fault claims with respect to the May 26, 2015 collision referenced in this complaint; c. On the Third Cause of Action against the defendants named in this cause of action declaring that KEMPER owes no duty to pay No-Fault claims with respect to the October 6, 2015 collision referenced in this complaint; d. On the Fourth Cause of Action against the defendants named in this cause of action declaring that KEMPER owes no duty to pay No-Fault claims with respect to the May 26, 2015 collision referenced in this complaint; e. On the Fifth Cause of Action against the defendants named in this cause of action declaring that KEMPER owes no duty to pay No-Fault claims with respect to the October 6, 2015 collision referenced in this complaint; f. On the Sixth Cause of Action against the defendants named in this cause of action declaring that KEMPER owes no duty to pay No-Fault claims with respect to the May 26, 2015, October 6, 2015 collisions referenced in this complaint; g. On the Seventh Cause of Action against the defendants named in this cause of action declaring that KEMPER owes no duty to defend or indemnify them for any lawsuits or arbitrations arising from the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced in this complaint, or to provide any uninsured/underinsured motorists coverage to PETERSON BELLEVUE, drivers GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH, MAHOGANY YULLES, passengers CINAMONNE CHARLES, JOHN LENNON, ALICE ALARCON, MARQUISIA GRANT, TARA TAYLOR, SHANICE PICKETT, SHIRROD BELLSHALL, LATISHA GANNAWAY, DERRONSMITH, 49
- 60. 60 of 62 andJAMES ESTIMOND with respect to the May 26,2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced in this complaint; h. On the Eighth Cause of Action against the defendants named in this cause of action declaring that KEMPER owes no duty to defend or indemnify them for any lawsuits or arbitrations arising from the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced in this complaint, or to provide any uninsured/ underinsured motorists coverage to PETERSON BELLEVUE, drivers GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH, MAHOGANY YULLES, passengers CINAMONNE CHARLES, JOHN LENNON, ALICE ALARCON, MARQUISIA GRANT, TARA TAYLOR, SHANICE PICKETT, SHIRROD BELLSHALL, LATISHA GANNAWAY, DERRONSMITH, and JAMES ESTIMOND with respect to the May 26,2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced in this complaint; 1. On the Ninth Cause of Action against the defendants named in this cause of action declaring that KEMPER owes no liability coverage with respect to the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced in this complaint; j. On the Tenth Cause of Action against the defendants named in this cause of action for any lawsuits or arbitrations arising from the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced above, or to provide any uninsured/underinsured motorists coverage to PETERSON BELLEVUE, drivers GERSY LOUISSANT, MICHELLE HAYNIE, BAPTISTE MARCLISH, MAHOGANY YULLES, passengers CINAMONNE CHARLES, JOHN LENNON, ALICE ALARCON, MARQUISIA GRANT, TARA TAYLOR, SHANICE PICKETT, SHIRROD BELLS HALL, LATISHA GANNAWAY, DERRON SMITH, and JAMES ESTIMOND with respect to the May 26,2015, October 6, 2015, July 14,2015 and January 3, 2016 collisions referenced above; k. On the Eleventh Cause of Action against the defendants named in this cause of action has no duty to provide any insurance coverage under the Policy, including no duty to defend or to indemnify them for any lawsuits or arbitrations arisingfrom the May 26,2015, October 6, 2015, 50
- 61. 61 of 62 July14, 2015 and January 3, 2016 collisions referenced in this complaint, or to provide any uninsured/underinsured motorists coverage to them with respect to the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced in this complaint; 1. On the Twelfth Cause of Action against the defendants named in this cause of action has no duty to provide any insurance coverage under the Policy, including any duty to defend or to indemnify them for any lawsuits or arbitrations arising from the January 3, 2016 collision referenced in this complaint, or to provide any uninsured/ underinsured motorists coverage to them with respect to the January 3, 2016 collision referenced in this complaint; m. On the Thirteenth Cause of Action against the defendants named in this cause of action has no duty to provide any insurance coverage under the Policy, including any duty to defend or to indemnify them for any lawsuits or arbitrations arising from the January 3, 2016 collision referenced in this complaint, or to provide any uninsured/ underinsured motorists coverage to them with respect to the January 3, 2016 collision referenced in this complaint; n. On the Fourteenth Cause of Action against SOVEREIGN TRANSPORTATION INC. declaring that KEMPER has no duty to indemnificationorcontributiontoSOVEREIGNTRANSPORTATION INC. for any judgment against it or any other liability arising out of the July 14, 2015 collision; o. On the Fifteenth Cause of Action against PANJSHIR LEASING INC. declaring that KEMPER has no duty to indemnification or contribution toPANJSHIR LEASING INC. for any judgment against it or any other liability arising out of the October 6, 2015 collision; p. On the Sixteenth Cause of Action against all defendants permanently staying all No-Fault lawsuits and arbitrations brought by the defendants pending the outcome of this action relating to the May 26, 2015, October 6, 2015, July 14, 2015 and January 3, 2016 collisions referenced in this complaint; q. For costs and disbursements of this action; and 51
- 62. 62 of 62 DATED: r.For such other and further relief as to the Court may seem just and proper. New York, New York May 12,2016 Yours, etc. Harlan R. Schreiber, Esq. RUBIN, FIORELLA & FRIEDMAN LLP Attorneys for the Plaintiff 630 Third Avenue, 3rd Floor New York, New York 10017 (212) 953-2381 Hschreiber@rubinfiorella.com Our File No.: 0575.31663 52