July 21, 2017

Compas Med., P.C. v Hartford Ins. Co. (2017 NY Slip Op 50953(U))

Headnote

The court considered a motion for summary judgment by a medical provider to recover first-party no-fault benefits, and a cross-motion for summary judgment by the insurance company to dismiss the complaint based on the assignor's failure to appear for scheduled independent medical examinations. The main issue decided was whether the denial of claim forms had been timely and properly mailed by the insurance company. The court held that the insurance company's submissions were sufficient to presume that the denial of claim forms had been timely and properly mailed, and therefore affirmed the order denying the provider's motion for summary judgment and granting the insurance company's cross-motion.

Reported in New York Official Reports at Compas Med., P.C. v Hartford Ins. Co. (2017 NY Slip Op 50953(U))

Compas Med., P.C. v Hartford Ins. Co. (2017 NY Slip Op 50953(U)) [*1]

Compas Med., P.C. v Hartford Ins. Co.

2017 NY Slip Op 50953(U) [56 Misc 3d 134(A)]

Decided on July 21, 2017

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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 21, 2017

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

PRESENT: : MICHAEL L. PESCE, P.J., THOMAS P. ALIOTTA, MARTIN M. SOLOMON, JJ
2014-1322 Q C

Compas Medical, P.C., as Assignee of Cowan, Janoi, Appellant,
against
Hartford Insurance Company, Respondent.

The Rybak Firm, PLLC (Damin J. Toell, Esq.), for appellant. Miller, Leiby & Associates, P.C. (Stacia Ury, Esq.), for respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered April 24, 2014. The order denied plaintiff’s motion for summary judgment and granted defendant’s cross 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, plaintiff moved for summary judgment, and defendant cross-moved for summary judgment dismissing the complaint on the ground that it had timely and properly denied the claim at issue based upon the assignor’s failure to appear for duly scheduled independent medical examinations. The Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

Contrary to plaintiff’s sole argument on appeal with respect to defendant’s cross motion, defendant’s submissions were sufficient to give rise to a presumption that the denial of claim forms had been timely and properly mailed (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]).

Accordingly, the order is affirmed.

PESCE, P.J., ALIOTTA and SOLOMON, JJ., concur.

ENTER:
Paul Kenny
Chief Clerk
Decision Date: July 21, 2017