October 20, 2006

East Coast Psychological, P.C. v Allstate Ins. Co. (2006 NY Slip Op 52000(U))

Headnote

The court considered that the plaintiff, a health care provider, had submitted evidence that the prescribed statutory billing forms had been mailed and received and that payment of no-fault benefits was overdue. The main issue decided was whether the plaintiff had established a prima facie entitlement to summary judgment, and the court held that they had, as they had shown proof that the billing forms had been properly addressed and mailed and that payment was overdue. The court also considered the defendant's failure to raise any triable issues of fact in opposition to the plaintiff's motion for summary judgment. In the end, the court affirmed the order granting plaintiff's motion for summary judgment and held defendant responsible for $10 in costs.

Reported in New York Official Reports at East Coast Psychological, P.C. v Allstate Ins. Co. (2006 NY Slip Op 52000(U))

East Coast Psychological, P.C. v Allstate Ins. Co. (2006 NY Slip Op 52000(U)) [*1]

East Coast Psychological, P.C. v Allstate Ins. Co.

2006 NY Slip Op 52000(U) [13 Misc 3d 133(A)]

Decided on October 20, 2006

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 20, 2006

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McCOOE, J.P., DAVIS, SCHOENFELD, JJ
06-242.

East Coast Psychological, P.C. a/a/o Ricardo Rodriguez, Jose Rodriguez, Maria Rodriguez,Pedro Alvarez and Emma Orejuela, Plaintiff-Respondent,
against
Allstate Insurance Co., Defendant-Appellant.

Defendant appeals from an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered January 25, 2006, which granted plaintiff’s motion for summary judgment.

PER CURIAM:

Order (Francis M. Alessandro, J.), entered January 25, 2006, affirmed, with $10 costs.

Plaintiff health care provider established a prima facie entitlement to summary judgment by submitting “evidentiary proof that the prescribed statutory billing forms had been mailed and received, 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]). Plaintiff sufficiently described a standard office procedure designed to ensured that the claims forms were properly addressed and mailed (see Nassau Ins. Co. v Murray, 46 NY2d 828, 830 [1978]). In opposition, defendant failed to raise any triable issues of fact.

This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: October 20, 2006