Opinion
2012-04-17
WESTCHESTER MEDICAL CENTER, as assignee of Peter Dilemme, appellant, v. LANCER INSURANCE COMPANY, respondent.
Joseph Henig, P.C., Bellmore, N.Y., for appellant. Bruno, Gerbino & Soriano, LLP, Melville, N.Y. (Mitchell L. Kaufman of counsel), for respondent.
Joseph Henig, P.C., Bellmore, N.Y., for appellant. Bruno, Gerbino & Soriano, LLP, Melville, N.Y. (Mitchell L. Kaufman of counsel), for respondent.
In an action to recover no-fault medical payments under a policy of automobile insurance, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Marber, J.), entered September 12, 2011, as denied its motion for summary judgment on the complaint.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff demonstrated its prima facie entitlement to judgment as a matter of law on its complaint to recover no-fault payments, by submitting evidence that the prescribed statutory billing form had been mailed and received by the defendant insurer, which failed to either pay or deny the claim within the requisite 30–day period ( see Insurance Law § 5106[a]; 11 NYCRR 65–3.5; NYU–Hosp. for Joint Diseases v. American Intl. Group, Inc., 89 A.D.3d 702, 936 N.Y.S.2d 548; Mount Sinai Hosp. v. Country Wide Ins. Co., 85 A.D.3d 1136, 926 N.Y.S.2d 306; Mount Sinai Hosp. v. Government Empls. Ins. Co., 85 A.D.3d 1135, 926 N.Y.S.2d 295; New York & Presbyt. Hosp. v. Selective Ins. Co. of Am., 43 A.D.3d 1019, 842 N.Y.S.2d 63). In opposition to the motion, however, the defendant established that it had made a timely request for additional verification and that it timely denied the claim within 30 days of receipt of the requested information ( see 11 NYCRR 65–3.8[a][1]; 65–3.5[b], 65–3.6[b]; Westchester Med. Ctr. v. American Tr. Ins. Co., 60 A.D.3d 848, 849, 875 N.Y.S.2d 246; New York Univ. Hosp. Rusk Inst. v. Government Empls. Ins. Co., 39 A.D.3d 832, 835 N.Y.S.2d 612; New York & Presbyt. Hosp. v. Allstate Ins. Co., 31 A.D.3d 512, 513, 818 N.Y.S.2d 583; see generally Hospital for Joint Diseases v. Travelers Prop. Cas. Ins. Co., 9 N.Y.3d 312, 317, 849 N.Y.S.2d 473, 879 N.E.2d 1291).
The parties' remaining contentions are without merit.
Accordingly, the Supreme Court properly denied the plaintiff's motion for summary judgment on the complaint.