[Download] "Rubin v. Utica Mutual Ins. Co." by Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts * eBook PDF Kindle ePub Free

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eBook details

• Title: Rubin v. Utica Mutual Ins. Co.
• Author : Supreme Court of the State of New York Appellate Term: 2Nd And 11Th Judicial Districts
• Release Date : January 30, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

In this action to recover first-party no-fault benefits for health care services rendered to its assignor, plaintiff health care provider established a prima facie entitlement to summary judgment by proof that it submitted claims, setting forth the fact and the amount of the loss sustained, 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]; Amaze Med. Supply v Eagle Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51701[U] [App Term, 2d & 11th Jud Dists]). Inasmuch as defendant failed to pay or deny the claims within the 30-day prescribed period (11 NYCRR 65-3.8 [c]), it was precluded from raising most defenses (see Presbyterian Hosp. in City of N.Y. v Maryland Cas. Co., 90 NY2d 274, 282 [1997]). However, despite the untimely denials, defendant was not precluded from asserting the defense that the alleged injuries did not arise out of an insured incident (see Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195 [1997]).

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