Andrew Carothers, M.D., P.C. v Progressive Ins. Co. (2019 NY Slip Op 04643)
2019 NY Slip Op 04643 Decided on June 11, 2019 Court of Appeals This opinion is uncorrected and subject to revision before publication in the Official Reports Decided on June 11, 2019 No. 39 v Barry I. Levy, for respondent. Coalition Against Insurance Fraud; New York State Department of Financial Services, amici curiae. FAHEY , J. Only licensed physicians may practice medicine in New York. The unlicensed are not bound by the ethical rules that govern the quality of care delivered by a physician to a patient. By statute, regulation, and the common law, the corporate form cannot be used as a device to allow nonphysicians to control the practice of medicine. In State Farm Mut. Auto. Ins. Co. v Mallela (4 NY3d 313 ), we held that, pursuant to 11 NYCRR 65-3.16…
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