Government Employees Insurance Co. v. Clarke — 2d Cir. (Oct 22, 2026)
Doctor Colin Clarke and his medical practice challenge an order stopping them from pursuing insurance payments from GEICO. The dispute involves medical bills under New York's no-fault automobile insurance system, which pays certain accident-related expenses without deciding who caused the crash. Patients can assign their payment claims to providers, and disputed bills can go to arbitration. GEICO sued in federal court, alleging unnecessary medical treatment, inflated billing and control of the practice by unlicensed people. Clarke disputes those allegations. Meanwhile, his side was pursuing many individual payment arbitrations. Judge Block paused pending arbitrations and barred new collection proceedings while the fraud case continues. This preliminary injunction is a temporary order, not a final finding that Clarke committed fraud. Clarke says he and other witnesses should have been allowed to testify before that order. An evidentiary hearing lets the judge hear witnesses and test disputed evidence, rather than deciding only on papers such as affidavits, or sworn written statements. Wesley Mead of the Mead Law Firm will argue for Clarke that specific factual disputes required a hearing. Evan Krinick will argue for GEICO that Clarke did not identify a sufficient basis for one. You will also hear about Mayzenberg. That New York ruling distinguishes professional misconduct, such as improper referral payments, from surrendering control of a practice to unlicensed people. It does not make bills for unnecessary services automatically payable. The appeal concerns the temporary freeze and the procedure used to impose it, not a final trial of the underlying fraud allegations.
Government Employees Insurance Co. v. Clarke (No. 24-1611) — U.S. Court of Appeals for the Second Circuit, argued October 22, 2026.
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