September 16, 2015

Advanced Chiropractic of NY, P.C. v Chubb Indem. Ins. Co. (2015 NY Slip Op 51409(U))

Headnote

The court considered the fact that the defendant's claims adjuster's affidavit established that the defendant did not receive the claims at issue. However, the affidavit by the plaintiff's billing manager demonstrated that the claim forms had been mailed to the defendant, leading to an issue of fact as to whether the defendant's time to pay or deny these claims ever began to run. The main issue decided was whether the defendant had received the claims at issue and whether their time to pay or deny the claims had begun. The holding of the case was that there was an issue of fact as to whether the defendant's time to pay or deny the claims ever began to run, and the Civil Court properly denied the defendant's motion for summary judgment dismissing the complaint.

Reported in New York Official Reports at Advanced Chiropractic of NY, P.C. v Chubb Indem. Ins. Co. (2015 NY Slip Op 51409(U))

Advanced Chiropractic of NY, P.C. v Chubb Indem. Ins. Co. (2015 NY Slip Op 51409(U)) [*1]

Advanced Chiropractic of NY, P.C. v Chubb Indem. Ins. Co.

2015 NY Slip Op 51409(U) [49 Misc 3d 129(A)]

Decided on September 16, 2015

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on September 16, 2015

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2013-1125 K C

Advanced Chiropractic of New York, P.C. as Assignee of Marvins Laguerre, Respondent,
against
Chubb Indemnity Insurance Company, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered January 16, 2013. The order denied defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with $25 costs.

In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court which denied defendant’s motion for summary judgment dismissing the complaint.

The affidavit by defendant’s claims adjuster was sufficient to establish that defendant did not receive the claims at issue. However, as the affidavit by plaintiff’s billing manager demonstrated that the claim forms had been mailed to defendant, there is an issue of fact as to whether defendant’s time to pay or deny these claims ever began to run (see Healing Health Prods., Inc. v New York Cent. Mut. Fire Ins. Co., 44 Misc 3d 59 [App Term, 2d, 11th & 13th Jud Dists 2014]; cf. Bright Med. Supply Co. v Tri State Consumer Ins. Co., 40 Misc 3d 130[A], 2013 NY Slip Op 51122[U] [App Term, 2d, 11th & 13th Jud Dists 2013]). Consequently, the Civil Court properly denied defendant’s motion for summary judgment dismissing the complaint.

Accordingly, the order is affirmed.

Pesce, P.J., Aliotta and Solomon, JJ., concur.

Decision Date: September 16, 2015