April 16, 2015

Renelique v Allstate Ins. Co. (2015 NY Slip Op 50609(U))

https://www.beynensonlaw.com/case-law/renelique-v-allstate-ins-co-2015-ny-slip-op-50609u/

Court
Appellate Term, Second Department
Decided
April 16, 2015
Citation
2015 NY Slip Op 50609(U) · 47 Misc 3d 140(A)
Posture
Summary judgment
Outcome
Insurer prevailed
Later treatment
Followed in 1 later decision (see Cited by)
Issues
Policy issues
Cite as
Renelique v Allstate Ins. Co., 47 Misc 3d 140(A), 2015 NY Slip Op 50609(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015)

Posture, outcome, issues and treatment by other decisions are Beynenson Law’s classification. Treatment labels are assigned by a language model reading the citing decision; negative and appeal-history labels are checked by a second reader.

Summary

Editorial summary by Beynenson Law, not part of the court’s decision.

The insurer's record-search affidavit established that no policy covered the vehicle on the accident date. In the provider's action for assigned no-fault benefits, the insurer opposed the provider's summary judgment motion and cross-moved to dismiss for lack of coverage. Its employee described the details of a search and stated that no policy was in effect on the accident date. Under Central Gen. Hosp. v Chubb Group of Ins. Cos., that evidence established prima facie that the claim did not arise from a covered incident. The provider raised no triable issue. The Appellate Term, Second Department, affirmed the order denying the provider's motion and granting the insurer's cross motion dismissing the complaint.

Reported in New York Official Reports at Renelique v Allstate Ins. Co. (2015 NY Slip Op 50609(U))

[*1]
Renelique v Allstate Ins. Co.
2015 NY Slip Op 50609(U) [47 Misc 3d 140(A)]
Decided on April 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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 16, 2015

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


PRESENT: : ALIOTTA, J.P., SOLOMON and ELLIOT, JJ.
2013-1882 Q C
Pierre Jean Jacques Renelique as Assignee of JOHN DEVIN, Appellant,

against

Allstate Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Larry Love, J.), entered July 31, 2013. 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. Defendant opposed the motion and cross-moved for summary judgment dismissing the complaint on the ground that defendant did not provide insurance coverage for the vehicle in question on the date of the accident at issue. By order entered July 31, 2013, the Civil Court denied plaintiff’s motion and granted defendant’s cross motion.

In support of its cross motion and in opposition to plaintiff’s motion, defendant submitted an affidavit by its employee, who described the details of a record search which she had performed and stated that her search had revealed that there was no Allstate Insurance Company policy in effect on the date of the accident in question. We find that defendant’s affidavit was sufficient to demonstrate, prima facie, that plaintiff’s claim did not arise out of a covered incident (see Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199 [1997]). As plaintiff failed to raise a triable issue of fact, the Civil Court properly denied plaintiff’s motion for summary judgment and granted defendant’s cross motion for summary judgment dismissing the complaint (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

Accordingly, the order is affirmed.

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


Decision Date: April 16, 2015

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