August 18, 2016

Compas Med., P.C. v Travelers Ins. Co. (2016 NY Slip Op 51247(U))

https://www.beynensonlaw.com/case-law/compas-med-p-c-v-travelers-ins-co-2016-ny-slip-op51247u/

Court: Appellate Term, Second Department
Decided: August 18, 2016
Citation: 2016 NY Slip Op 51247(U) · 52 Misc 3d 144(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Issues: Policy issues

Cite as

Compas Med., P.C. v Travelers Ins. Co., 52 Misc 3d 144(A), 2016 NY Slip Op 51247(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016)

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 established that its policy did not cover the vehicle driven by the assignor at the time of the accident. In the provider's action for assigned no-fault benefits, the insurer supported its summary judgment motion with affidavits from its claim litigation representative and products specialist. Those affidavits demonstrated prima facie that the alleged injuries did not arise from an insured incident under Central Gen. Hosp. v Chubb Group of Ins. Cos. The provider failed to raise a triable issue in opposition. The Appellate Term, Second Department, affirmed the order granting the insurer summary judgment dismissing the complaint.

Reported in New York Official Reports at Compas Med., P.C. v Travelers Ins. Co. (2016 NY Slip Op 51247(U))

[*1]

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

2016 NY Slip Op 51247(U) [52 Misc 3d 144(A)]

Decided on August 18, 2016

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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 18, 2016

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

PRESENT: : WESTON, J.P., SOLOMON and ELLIOT, JJ.
2014-1982 Q C

Compas Medical, P.C., as Assignee of RICHARD JAMES, Appellant,
against
Travelers Insurance Company, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Richard G. Latin, J.), entered July 29, 2014. The order granted defendant’s 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, defendant moved for summary judgment dismissing the complaint on the ground that, at the time of the accident in question, defendant did not provide coverage for the vehicle that was involved in the accident. In support of its motion, defendant submitted affidavits by its claim litigation representative and products specialist, which affidavits established that the vehicle which had been driven by plaintiff’s assignor at the time of the accident on January 18, 2011 was not covered by the insurance policy at issue. Consequently, defendant demonstrated, prima facie, that “the alleged injur[ies] do[] not arise out of an insured incident” (Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199 [1997]) and plaintiff failed to raise a triable issue of fact in opposition (see Zuckerman v City of New York, 49 NY2d 557 [1980]).

Accordingly, the order is affirmed.

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

Decision Date: August 18, 2016

Similar decisions

Compas Med., P.C. v Hereford Ins. Co. (2015 NY Slip Op 51674(U))A factual dispute over which insurer covered the assignor's vehicle prevented summary judgment for either side.
Compas Med., P.C. v American Tr. Ins. Co. (2017 NY Slip Op 51147(U))The insurer established that it had not received timely notice of the accident, and the provider failed to rebut that proof.
Compas Med., P.C. v Omni Indem. Co. (2015 NY Slip Op 50414(U))The insurer established that it had not issued the policy covering the accident and that the provider had sued the wrong carrier.
Compas Med., P.C. v New York Cent. Mut. Fire Ins. Co. (2013 NY Slip Op 50762(U))The provider established its prima facie case, and the insurer failed to prove timely mailing of denials needed to avoid preclusion.
Infinity Health Prods., Ltd. v American Tr. Ins. Co. (2011 NY Slip Op 50195(U))The insurer failed to establish that the assignor's alleged injuries did not arise from an insured incident.