Comprehensive Mental v Allstate Ins. Co. (2007 NY Slip Op 50017(U))

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

Appeal from an order of the District Court of Nassau County, First District (Margaret C. Reilly, J.), entered July 14, 2005. The order, insofar as appealed from as limited by defendant’s brief, granted plaintiff’s motion for summary judgment.

Order, insofar as appealed from, affirmed without costs.

In this action to recover assigned first-party no-fault benefits, plaintiff’s motion for summary judgment was granted. The sole issue raised on appeal is whether defendant proffered sufficient evidence to demonstrate that there was a triable issue of fact as to whether the automobile accident in which plaintiff’s assignor was allegedly injured was staged and, thus, not a covered event (see Central Gen. Hosp. v Chubb Group of Ins.
Cos., 90 NY2d 195 [1997]). In opposition to plaintiff’s motion, defendant submitted an affidavit by its claims representative wherein she stated that she has reviewed defendant’s file. The file reveals that defendant has investigated plaintiff’s claim and pursuant to such investigation defendant believed that the accident was an intentional loss because plaintiff’s assignor and the driver of the vehicle were involved in multiple accidents within a short period of time. Such affidavit was insufficient to demonstrate the existence of a triable issue of fact (see Ocean Diagnostic Imaging P.C. v Allstate Ins. Co., 6 Misc 3d 134[A], 2005 NY Slip Op 50189[U] [App Term, 9th & 10th Jud Dists]; see also A.B. Med. Servs PLLC v Utica Mut. Ins. Co., 10 Misc 3d 50 [App Term, 2d & 11th Jud Dists 2005]). Accordingly, plaintiff’s motion for summary judgment was properly granted.

Rudolph, P.J., McCabe and Lippman, JJ., concur. [*2]
Decision Date: January 2, 2007