November 22, 2004
New York & Presbyt. Hosp. v Allstate Ins. Co. (2004 NY Slip Op 08669)
https://www.beynensonlaw.com/case-law/new-york-presbyt-hosp-v-allstate-ins-co-2004-ny-slip-op-08669/
- Decided
- November 22, 2004
- Citation
- 2004 NY Slip Op 08669 · 12 AD3d 579
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Later treatment
- Followed in 11 later decisions (see Cited by)
- Legal questions
- Exhaustion of policy limits · Claimant's prima facie case on motions (see the maps)
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.
Reported in New York Official Reports at New York & Presbyt. Hosp. v Allstate Ins. Co. (2004 NY Slip Op 08669)
| New York & Presbyt. Hosp. v Allstate Ins. Co. |
| 2004 NY Slip Op 08669 [12 AD3d 579] |
| November 22, 2004 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| New York and Presbyterian Hospital, Respondent, v Allstate Insurance Company, Appellant. |
—[*1]
In an action to recover no-fault medical payments, the defendant appeals from an order of the Supreme Court, Nassau County (O’Connell, J.), dated November 17, 2003, which granted the plaintiff’s motion for summary judgment on its first and second causes of action.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
In its first cause of action, the plaintiff alleged that it submitted a “no-fault” claim as assignee of Adrian Leaf and, in effect, that the defendant failed to issue a denial of the claim within 30 days of its receipt thereof. In its second cause of action, the plaintiff alleged that it submitted a “no-fault” claim as assignee of Noemi Gomez and, in effect, that the defendant failed to issue a denial of the claim within 30 days of its receipt thereof. The plaintiff asserts that the defendant is liable for the full amount of each claim on the ground that it failed to timely deny the claims.
With respect to the plaintiff’s first cause of action, the plaintiff demonstrated its entitlement to judgment as a matter of law by establishing that it “submitted the requisite documents for payment, but [the defendant] neither paid nor denied the claims, nor requested verification within the requisite periods” (New York & Presbyt. Hosp. v Progressive Cas. Ins. Co., 5 AD3d 568, 570 [2004]). In opposition thereto, the defendant demonstrated that there were issues of fact as to whether it [*2]partially exhausted the coverage limits of the policy by other “no-fault” payments and whether such payments were in compliance with 11 NYCRR 65.15 (n). The defendant’s failure to issue a denial of the claim within 30 days does not “preclude a defense that the coverage limits of the subject policy have been exhausted” (Presbyterian Hosp. in City of N.Y. v General Acc. Ins. Co. of Am., 229 AD2d 479, 480 [1996]; see Presbyterian Hosp. of N.Y. v Liberty Mut. Ins. Co., 216 AD2d 448 [1995]).
With respect to the plaintiff’s second cause of action to recover for services provided to Gomez, the defendant, in opposition to the plaintiff’s demonstration of its entitlement to summary judgment, submitted evidence that the disputed claim was the second of two successive claims for the same services, the first of which was properly denied. A failure to issue a timely written denial of the second of these two successive but identical claims would not warrant granting the plaintiff judgment as a matter of law (see Hospital for Joint Diseases v Allstate Ins. Co., 5 AD3d 441 [2004]). Ritter, J.P., Goldstein, Adams and Crane, JJ., concur.
Legal questions (2)
Questions of no-fault law this decision rules on, from our Legal Questions pages. Bars count the decisions on the question by year and court, coloured by category; circles are this decision and the decisions on the question it cites or that cite it. Point at a bar or circle for details. The categories and summaries are Beynenson Law’s classification, made by a language model and checked by a second reading.
Did the insurer prove the policy’s no-fault limits were properly exhausted before it became obligated to pay the claim?
This decision: Exhaustion cannot be decided on this record: issue of fact, framed-issue hearing, or remittal to decide the defense
Held issues of fact existed whether the insurer partially exhausted the limits by other payments made in compliance with 11 NYCRR 65.15 (n), and that its failure to deny within 30 days did not preclude the exhaustion defense.
Of the 68 decisions on this question in the Second Department courts and the Court of Appeals, 9 (this one included) are in the same category. 6 decisions in other departments that cite or are cited by this one are on the full map.
On summary judgment or another pretrial motion, what must a no-fault claimant show to establish its prima facie case?
This decision: Claimant's proof held to make out its prima facie case (rules on the question, but another ground decided the case)
Held the hospital showed it submitted the claims and that the insurer neither paid, denied nor sought verification in time, but denied summary judgment because the insurer raised issues on exhaustion and duplicate billing.
Of the 1,065 decisions on this question in the Second Department courts and the Court of Appeals, 513 (this one included) are in the same category.
Cited in this decision
A label shows how this decision treated the case it cites.
- New York & Presbyt. Hosp. v Progressive Cas. Ins. Co. (2004 NY Slip Op 01750) FollowedThe insurer proved policy exhaustion on one hospital claim and absence of coverage on another, requiring dismissal of both.
- Hospital for Joint Diseases v Allstate Ins. Co. (2004 NY Slip Op 01546) FollowedResubmission of a previously denied no-fault claim does not restart the insurer's 30-day period to deny it.
Cited by (19)
A label shows how the later decision treated this one.
- Allstate Ins. Co. v DeMoura (2011 NY Slip Op 50430(U)) FollowedAn arbitrator exceeds the arbitrator's power by directing payment beyond a no-fault policy's $50,000 limit.
- Mount Sinai Hosp. v Allstate Ins. Co. (2006 NY Slip Op 03060) FollowedThe insurer's cross motion for summary judgment on the first cause of action was granted on appeal based on exhausted policy limits.
- Crossbridge Diagnostic Radiology v Encompass Ins. (2009 NY Slip Op 51415(U)) FollowedThe insurer failed to prove exhausted coverage because its out-of-state affidavit did not comply with CPLR 2309 (c).
- Ameriprise Ins. Co. v Kensington Radiology Group, P.C. (2017 NY Slip Op 51911(U)) FollowedThe insurer's policy declarations and payment ledger raised a triable issue of exhaustion before its obligation to pay the claims arose.
- Ortho Passive Motion, Inc. v Allstate Ins. Co. (2018 NY Slip Op 51749(U)) FollowedThe insurer failed to establish policy exhaustion when the claims became complete and obtained no modification of the provider's judgment.
- Easy Care Acupuncture, PC v MVAIC (2017 NY Slip Op 51346(U)) FollowedA failure to deny a claim within 30 days does not preclude a defense that coverage limits have been exhausted.
- Easy Care Acupuncture, PC v MVAIC (2016 NY Slip Op 51556(U)) FollowedMVAIC's submissions left factual issues about whether payments to another provider properly exhausted coverage for billed codes.
- Big Apple Delivery Supply Corp. v Plymouth Rock Assur. Corp. of N.Y. (2026 NY Slip Op 50795(U)) FollowedThe insurer failed to prove proper and timely mailing of its denial supporting the lack-of-medical-necessity defense.
- Big Apple Delivery Supply Corp. v Plymouth Rock Assur. Corp. of N.Y. (2026 NY Slip Op 50794(U)) FollowedThe insurer failed to prove proper and timely mailing of denials, defeating summary judgment on its medical-necessity defense.
- Doctor of Medicine in the House, P.C. v Allstate Ins. Co. (2013 NY Slip Op 23357) FollowedThe physical medicine fee schedule's eight-unit daily reimbursement limit applies to each provider individually.
Show all 19 citing decisions
- Allstate Fire & Cas. Ins. Co. v Branch Med., P.C. (2022 NY Slip Op 50277(U)) Followed
- Alleviation Med. Servs., P.C. v Allstate Ins. Co. (2017 NY Slip Op 27097)
- Lumbermens Mut. Cas. Co. v Inwood Hill Med., P.C. (2005 NY Slip Op 51101(U))
- New York Univ. Hosp. Rusk Inst. v Illinois Natl. Ins. Co. (2006 NY Slip Op 05601)
- Flushing Traditional Acupuncture, P.C. v Infinity Group (2012 NY Slip Op 22345)
- Mount Sinai Hosp. v Zurich Am. Ins. Co. (2005 NY Slip Op 01329)
- A.M. Med. Servs., P.C. v Allstate Ins. Co. (2006 NY Slip Op 51426(U))
- Westchester Med. Ctr. v Allstate Ins. Co. (2007 NY Slip Op 52257(U))
- Advantage Radiology, P.C. v MVAIC (2023 NY Slip Op 50139(U))
Similar decisions
- New York & Presbyt. Hosp. v Selective Ins. Co. of Am. (2007 NY Slip Op 06848)The insurer's conclusory medical affidavit failed to raise a factual issue that the treated condition was unrelated to the automobile accident.
- New York & Presbyt. Hosp. v American Tr. Ins. Co. (2007 NY Slip Op 09376)The insurer raised a factual issue by showing a timely denial based on bills submitted more than 45 days after the last medical service.
- Nyack Hosp. v Metropolitan Prop. & Cas. Ins. Co. (2005 NY Slip Op 02235)The insurer failed to prove mailing of its denial, and the denial was incomplete even if timely.
- Hospital for Joint Diseases v State Farm Mut. Auto. Ins. Co. (2004 NY Slip Op 05413)The hospitals' first and fifth claims were dismissed because policy limits were exhausted and requested verification remained outstanding.
- New York & Presbyt. Hosp. v Eagle Ins. Co. (2005 NY Slip Op 03210)An insurer was precluded from asserting delayed verification as a defense after failing to pay or deny upon receiving the requested material.