Opinion
No. 2011–1063QC.
2012-09-5
AIM ACUPUNCTURE, P.C. as Assignee of Albert Dinkins, Respondent, v. TRAVELERS INSURANCE COMPANY, Appellant.
Present: PESCE, P.J., RIOS and ALIOTTA, JJ.
Appeal from an order of the Civil Court of the City of New York, Queens County (Carmen R. Velasquez, J.), entered March 4, 2011. The order, insofar as appealed from, denied defendant's motion for summary judgment dismissing the complaint.
ORDERED that the order, insofar as appealed from, is reversed, without costs, and defendant's motion for summary judgment dismissing the complaint is granted.
In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from so much of an order of the Civil Court as denied defendant's motion for summary judgment dismissing the complaint.
The affidavits submitted by defendant in support of its motion established that defendant had timely mailed its requests and follow-up requests for verification ( see St. Vincent's Hosp. of Richmond v. Government Empls. Ins. Co., 50 AD3d 1123 [2008];Delta Diagnostic Radiology, P.C. v. Chubb Group of Ins., 17 Misc.3d 16 [App Term, 2d & 11th Jud Dists 2007] ). Defendant demonstrated that it had not received the requested verification, and plaintiff did not show that such verification had been provided to defendant prior to the commencement of the action. Consequently, the 30–day period within which defendant was required to pay or deny the claims did not begin to run ( see Insurance Department Regulations [11 NYCRR] § 65–3.8[a]; Central Suffolk Hosp. v. New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005];Hospital for Joint Diseases v. State Farm Mut. Auto. Ins. Co., 8 AD3d 533 [2004];D & R Med. Supply v. American Tr. Ins. Co., 32 Misc.3d 144[A], 2011 N.Y. Slip Op 51727[U] [App Term, 2d, 11th & 13th Jud Dists 2011] ), and, thus, plaintiff's action is premature.
Accordingly, the order, insofar as appealed from, is reversed, and defendant's motion for summary judgment dismissing the complaint is granted.