August 18, 2016

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

Headnote

The court considered the fact that Compas Medical, P.C. was seeking to recover first-party no-fault benefits as an assignee of Richard James from Travelers Insurance Company. Travelers Insurance Company moved for summary judgment, arguing that the vehicle involved in the accident was not covered by their insurance policy at the time of the incident. The main issue decided by the court was whether the alleged injuries arose from an insured incident as per the insurance policy in question. The court held that Travelers Insurance Company had demonstrated prima facie that the injuries did not arise from an insured incident, and Compas Medical, P.C. failed to raise a triable issue of fact in opposition to this claim. Therefore, the court affirmed the order granting Travelers Insurance Company's motion for 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))

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This opinion is uncorrected and will not be published in the printed Official Reports.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