[DOWNLOAD] "Kings Medical Supply Inc. v. Allstate Insurance Company" by Appellate Term, Second Department New York Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Kings Medical Supply Inc. v. Allstate Insurance Company
- Author : Appellate Term, Second Department New York Supreme Court
- Release Date : January 31, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
In this action to recover assigned first-party no-fault benefits for medical supplies furnished its assignors, plaintiff established prima facie entitlement to summary judgment by proof that it submitted claim forms setting forth the fact and the amount of the loss sustained, and that payment of no-fault benefits was overdue (Insurance Law 5106 [a]; Mary Immaculate Hosp. v Allstate Ins. Co., 5 AD3d 742 [2004]; Damadian MRI in Elmhurst v Liberty Mut. Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51700[U] [App Term, 9th & 10th Jud Dists]). Defendants failure to pay or deny the Tsvetkov claim within the prescribed 30-day period (11 NYCRR 65.15 [g] [3], now 11 NYCRR 65-3.8 [c]) precludes defendant from interposing defenses to that claim with exceptions herein inapplicable (Presbyterian Hosp. in City of N.Y. v Maryland Cas. Co., 90 NY2d 274, 282 [1997]) and summary judgment should have been granted as to said claim.
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