Opinion
2013-1810 N C
02-05-2016
Advanced Medical Care, P.C. as Assignee of JEAN ADOLPHE, Respondent, v. Allstate Insurance Company, Appellant.
PRESENT: :
Appeal from an order of the District Court of Nassau County, First District (Fred J. Hirsh, J.), dated July 8, 2013. The order denied defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, without costs.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the District Court which denied defendant's motion for summary judgment dismissing the complaint.
While defendant's motion was based on its alleged termination of the insurance policy in question, defendant failed to sufficiently demonstrate, as a matter of law, that it had filed a copy of the notice of termination of the insurance policy with the Department of Motor Vehicles within 30 days of the effective date of the termination, as required by Vehicle and Traffic Law § 313 (2) (a) (see Matter of Progressive Classic Ins. Co. v Kitchen, 46 AD3d 333 [2007]). Therefore, defendant has not established that the termination of the insurance policy was effective with respect to plaintiff's assignor, who was not the named insured and who was not shown to be a member of the named insured's household (see Vehicle and Traffic Law § 313 [3]; GL Acupuncture, P.C. v Geico Ins. Co., 48 Misc 3d 141[A], 2015 NY Slip Op 51239[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]). Consequently, defendant's motion for summary judgment dismissing the complaint was properly denied.
Accordingly, the order is affirmed.
Marano, P.J., Iannacci and Garguilo, JJ., concur. Decision Date: February 05, 2016