April 20, 2009
Bronx Expert Radiology v Clarendon Natl. Ins. Co (2009 NY Slip Op 50747(U))
https://www.beynensonlaw.com/case-law/bronx-expert-radiology-v-clarendon-natl-ins-co-2009-ny-slip-op50747u/
- Decided
- April 20, 2009
- Citation
- 2009 NY Slip Op 50747(U) · 23 Misc 3d 133(A)
- Posture
- Summary judgment
- Outcome
- Provider prevailed
- Later treatment
- Followed in 3 later decisions (see Cited by)
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 Bronx Expert Radiology v Clarendon Natl. Ins. Co (2009 NY Slip Op 50747(U))
| Bronx Expert Radiology v Clarendon Natl. Ins. Co |
| 2009 NY Slip Op 50747(U) [23 Misc 3d 133(A)] |
| Decided on April 20, 2009 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, J.
570085/08
against
Clarendon National Insurance Co, Defendant-Appellant.
Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered September 4, 2007, which denied its motion for summary judgment dismissing the complaint.
Per Curiam.
Order (Fernando Tapia, J.), entered September 4,
2007, affirmed, with $10 costs.
Although plaintiff’s claim for no-fault benefits was concededly submitted to defendant beyond the 45-day statutory period (see 11 NYCRR 65-1.1), the record shows that plaintiff’s claim submission included correspondence attempting to explain its delay in filing. Under the regulations, an insurer must not only provide a claimant the opportunity to submit a reasonable justification for any late notice (see 11 NYCRR 65-3.3[a]), but must also establish procedures to “ensure due consideration of denial of claims based upon late filings” and must give “appropriate consideration for situations where the claimant has difficulty ascertaining the insurer’s identity or inadvertently submits a claim to the incorrect insurer” (Matter of Medical Socy. of the State of New York v Serio, 100 NY2d 854, 863 [2003]). Inasmuch as the record does not indicate whether defendant gave any consideration to plaintiff’s explanation for its tardy submission as required by the regulations, we sustain the denial of defendant’s motion for summary judgment.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 20, 2009
Cited by
A label shows how the later decision treated this one.
- Van Loon DME USA, Inc v Maya Assur. Co. (2025 NY Slip Op 50102(U)) FollowedThe insurer failed to show proper consideration of the provider's explanation that late bills had first been sent to the wrong insurer.
- Bronx Expert Radiology, P.C. v NYC Tr. Auth. (2011 NY Slip Op 51571(U)) FollowedThe provider failed to establish a reasonable justification for late claims, and the transit authority failed to show due consideration of its explanation.
- Medalliance Med. Health Servs. v Travelers Prop. Cas. Ins. Co. (2021 NY Slip Op 50737(U)) FollowedThe insurer's misaddressed verification requests failed to toll the 30-day period to pay or deny the provider's claims.
Similar decisions
- Bronx Expert Radiology, P.C. v Great N. Ins. Co. (2009 NY Slip Op 51474(U))The provider failed to justify its delayed claim submission after mistakenly billing the wrong insurer.
- Bronx Expert Radiology, P.C. v Motor Veh. Acc. Indem. Corp. (2009 NY Slip Op 50621(U))The provider failed to justify its six-month delay in submitting claims to MVAIC after learning that another insurer had denied benefits.
- Bronx Park Med., P.C. v Clarendon Natl. Ins. Co. (2014 NY Slip Op 51832(U))The insurer's unrebutted peer review established a factual basis and medical rationale for denying the services as medically unnecessary.
- Bronx Expert Radiology, P.C. v Allstate Ins. Co. (2007 NY Slip Op 50682(U))The insurer's investigator affidavit failed to show a founded belief that the claimed injuries did not arise from an insured incident.
- Lenox Hill Radiology & Mia, P.C. v American Mfrs. Mut. Ins. Co. (2013 NY Slip Op 51750(U))The provider submitted its claims more than 45 days after the services and offered no explanation for the delay.