(DOWNLOAD) "Ocean Diagnostic Imaging P.C. v. New York Central Mutual Fire Insurance Co." by Appellate Term, Second Department New York Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Ocean Diagnostic Imaging P.C. v. New York Central Mutual Fire Insurance Co.
- Author : Appellate Term, Second Department New York Supreme Court
- Release Date : January 13, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
In this action to recover first-party no-fault benefits for medical services rendered to its assignors, plaintiff established a prima facie entitlement to summary judgment by proof that it submitted claims, setting forth the fact and the amount of the loss sustained, and that payment of no-fault benefits was overdue (see Insurance Law 5106 [a]; Mary Immaculate Hosp. v Allstate Ins. Co., 5 AD3d 742 [2004]; Amaze Med. Supply v Eagle Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51701[U] [App Term, 2d & 11th Jud Dists]). Defendants denial of claim forms indicate that defendant did not deny the claim within the statutorily prescribed 30-day period (see 11 NYCRR 65-3.8 [c]), and that its verification requests did not extend the 30-day period since such requests were untimely (11 NYCRR 65-3.8 [a], [b]). Inasmuch as defendant failed to pay or deny the claim within the 30-day period, it is precluded from raising most defenses (see Presbyterian Hosp. in City of N.Y. v Maryland Cas. Co., 90 NY2d 274, 282 [1997]).
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