In an April 3, 2008 decision, the First Department unanimously reversed Justice Freedman's decision, holding that: (1) Country-Wide had raised a triable issue of fact as to whether the claimed benefits were properly denied for lack of medical justification;(2) Country-Wide was not required to set forth the medical rationale in its denial of claim form; and (3) a nurse's review denying no-fault claims for lack of medical necessity is not per se invalid,… [read post]