August 1, 2005
Hospital for Joint Diseases v Allstate Ins. Co. (2005 NY Slip Op 06192)
https://www.beynensonlaw.com/case-law/hospital-for-joint-diseases-v-allstate-ins-co-2005-ny-slip-op-06192/
- Court
- Appellate Division, Second Department
- Decided
- August 1, 2005
- Citation
- 2005 NY Slip Op 06192 · 21 AD3d 348
- Posture
- Summary judgment
- Outcome
- Provider prevailed
- Later treatment
- Distinguished in 1 and followed in 16 later decisions (see Cited by)
- Legal questions
- Proof of mailing (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 Hospital for Joint Diseases v Allstate Ins. Co. (2005 NY Slip Op 06192)
| Hospital for Joint Diseases v Allstate Ins. Co. |
| 2005 NY Slip Op 06192 [21 AD3d 348] |
| August 1, 2005 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Hospital for Joint Diseases, Appellant, v Allstate Insurance Company, Respondent. |
—[*1]
In an action to recover unpaid no-fault benefits, the plaintiff appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated November 17, 2003, which denied its motion for summary judgment on the first and second causes of action and granted the defendant’s cross motion for summary judgment dismissing those causes of action.
Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the cross motion which were for summary judgment dismissing the first and second causes of action and denying that branch of the motion which was for summary judgment on the first cause of action and substituting therefor provisions denying those branches of the cross motion, reinstating the first and second causes of action, and granting that branch of the motion which was for summary judgment on the first cause of action; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The Supreme Court erred in concluding that the plaintiff lacked standing to bring the action absent proof of a valid assignment from each claimant. The hospital facility forms submitted on behalf of the respective patients indicated that the signature of each patient/assignor was “on file.” There was no allegation or evidence that the defendant timely objected to the completeness of the forms or sought verification of the assignments as required by 11 NYCRR 65.15 (d). Accordingly, the defendant waived any defenses based thereon (see Nyack Hosp. v Metropolitan Prop. & Cas. Ins. Co., 16 AD3d 564 [2005]; New York Hosp. Med. Ctr. of Queens v New York Cent. Mut. Fire Ins. Co., 8 AD3d 640, 641 [2004]; New York Hosp. Med. Ctr. of Queens v AIU Ins. Co., 8 AD3d 456 [2004]). [*2]
With regard to the first cause of action, after the plaintiff made out a prima facie case for summary judgment, the defendant failed to raise a triable issue of fact as to whether the insured’s 2002 medical expenses “were for injuries for which expenses for treatment had not been submitted to it within one year of [his] accident” (Stanavich v General Acc. Ins. Co. of Am., 229 AD2d 872, 873 [1996]; see 11 NYCRR 65.15 [o] [1] [iii]). In any event, the defendant’s failure to assert this statutory-exclusion defense within 30 days of the receipt of the no-fault claim constituted a waiver (see Presbyterian Hosp. in City of N.Y. v Maryland Cas. Co., 90 NY2d 274, 286 [1997]; Westchester Med. Ctr. v American Tr. Ins. Co., 17 AD3d 581 [2005]). Accordingly the plaintiff was entitled to summary judgment on the first cause of action.
With regard to the second cause of action, the defendant asserted that no policy of insurance was in effect covering the injured party on the date of the accident. While the defendant offered a denial of claim form dated December 30, 2002, to that effect, there was no affidavit of service to establish that the form was, in fact, mailed to the plaintiff within 30 days of receipt of the claim (see Nyack Hosp. v Metropolitan Prop. & Cas. Ins. Co., supra). Regardless, “[s]trict compliance with the time requirements of both the statute and regulations may be obviated and the preclusion remedy rendered unavailable when denial of claims is premised on a lack of coverage” (Central Gen. Hosp. v Chubb Group of Ins. Cos., 90 NY2d 195, 199 [1997]; see Westchester County Med. Ctr. v Allstate Ins. Co., 283 AD2d 488, 489 [2001]). Here, a triable issue of fact exists as to whether coverage existed at the time of the accident at issue. Accordingly, neither party was entitled to summary judgment on this cause of action. H. Miller, J.P., Ritter, Goldstein and Skelos, JJ., concur.
Legal questions
A question 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 a party’s evidence establish that it mailed a no-fault claim, denial, verification request or examination notice?
This decision: The insurer's proof did not establish mailing of its denial, verification request or IME/EUO notice (rules on the question, but another ground decided the case)
Held the insurer's denial form did not establish mailing within 30 days because no affidavit of service showed it was mailed, though the lack-of-coverage defense survived preclusion anyway.
Of the 1,341 decisions on this question in the Second Department courts and the Court of Appeals, 256 (this one included) are in the same category. 3 decisions in other departments that cite or are cited by this one are on the full map.
Cited in this decision
A label shows how this decision treated the case it cites.
- Nyack Hosp. v Metropolitan Prop. & Cas. Ins. Co. (2005 NY Slip Op 02235) FollowedThe insurer failed to prove mailing of its denial, and the denial was incomplete even if timely.
- New York Hosp. Med. Ctr. of Queens v New York Cent. Mut. Fire Ins. Co. (2004 NY Slip Op 05626) FollowedThe insurer failed to establish mailing of assignment-verification requests and could not defeat the hospitals' summary judgment motion.
- New York Hosp. Med. Ctr. of Queens v AIU Ins. Co. (2004 NY Slip Op 05217) FollowedThe insurer waived objections to missing signatures by failing to challenge the hospital forms' completeness within 10 days of receipt.
- Westchester Med. Ctr. v American Tr. Ins. Co. (2005 NY Slip Op 03046) FollowedAn insurer's failure to timely deny a hospital claim precluded its defense that the hospital used the wrong DRG billing code.
Cited by (26)
A label shows how the later decision treated this one.
- Elite Med. Care, P.C. v Travelers Prop. & Cas. Ins. Co. (2006 NY Slip Op 51397(U)) DistinguishedA provider must prove a properly executed assignment at trial to recover assigned no-fault benefits.
- Nyack Hosp. v Encompass Ins. Co. (2005 NY Slip Op 08962) FollowedAn insurer's letters delaying payment pending its investigation do not toll the 30-day period for paying or denying a no-fault claim.
- Fair Price Med. Supply, Inc. v St. Paul Travelers Ins. Co. (2007 NY Slip Op 27173) FollowedThe insurer's verified interrogatory answers established receipt and partial payment of the claims and defeated its proof-of-billing objection.
- Astoria Quality Med. Supply v State Farm Mut. Auto. Ins. Co. (2011 NY Slip Op 50743(U)) FollowedThe insurer's affidavit describing a records search raised a triable issue as to whether it had issued the alleged policy.
- A.B. Med. Servs. PLLC v Prudential Prop. & Cas. Ins. Co. (2006 NY Slip Op 50504(U)) FollowedThe providers obtained partial summary judgment because denials were untimely or defenses lacked evidentiary support.
- Hospital for Joint Diseases v Travelers Prop. Cas. Ins. Co. (2006 NY Slip Op 08214) FollowedAn insurer waives claim-form and assignment defenses by failing to timely object to form adequacy or seek assignment verification.
- Urban Radiology, P.C. v GEICO Gen. Ins. Co. (2013 NY Slip Op 50850(U)) FollowedThe insurer waived its assignment defense by failing to timely object to incomplete claim forms or seek verification of a valid assignment.
- New York & Presbyt. Hosp. v American Home Assur. Co. (2006 NY Slip Op 02510) FollowedThe insurer established grounds to vacate its default through an excuse tied to a misspelled insured's name and a meritorious coverage defense.
- Pine Hollow Med., P.C. v Progressive Cas. Ins. Co. (2006 NY Slip Op 51870(U)) FollowedA billing company's records may incorporate provider information without the preparer having personal knowledge of its accuracy.
- Psychology & Massage Therapy Assoc., PLLC v Progressive Cas. Ins. Co. (2006 NYSlipOp 51351(U)) FollowedThe insurer's conclusory assertion that the assignor did not reside with the insured failed to raise a coverage issue.
Show all 26 citing decisions
- Dilon Med. Supply Corp. v State Farm Mut. Ins. Co. (2006 NY Slip Op 51344(U)) Followed
- AP Orthopedics & Rehabilitation, P.C. v Allstate Ins. Co. (2010 NY Slip Op 20082) Followed
- St. Vincent Med. Care, P.C. v Country Wide Ins. Co. (2010 NY Slip Op 50488(U)) Followed
- Beal-Medea Prods., Inc. v Geico Gen. Ins. Co. (2016 NY Slip Op 50594(U)) Followed
- Ocean Diagnostic Imaging P.C. v State Farm Mut. Auto. Ins. Co. (2006 NY Slip Op 51275(U)) Followed
- New York Hosp. Med. Ctr. of Queens v Countrywide Ins. Co. (2009 NY Slip Op 50764(U)) Followed
- Top Choice Pharm. Corp. v Merchants Mut. Ins. Co. (2022 NY Slip Op 50867(U)) Followed
- Hospital for Joint Diseases v Travelers Prop. Cas. Ins. Co. (2007 NY Slip Op 09067)
- Westchester Med. Ctr. v Countrywide Ins. Co. (2007 NY Slip Op 09024)
- LMK Psychological Servs., P.C. v Liberty Mut. Ins. Co. (2006 NY Slip Op 04486)
- Westchester Med. Ctr. v Safeco Ins. Co. of Am. (2007 NY Slip Op 04484)
- Easy Care Acupuncture, P.C. v ELRAC, Inc. (2017 NY Slip Op 50234(U))
- Damadian MRI in Canarsie, P.C. v General Assur. Co. (2006 NY Slip Op 51048(U))
- Montefiore Med. Ctr. v Nationwide Mut. Ins. Co. (2007 NY Slip Op 02724)
- Richmond Univ. Med. Ctr. v New York Cent. Mut. Fire Ins. Co. (2011 NY Slip Op 52303(U))
- Tutto Anesthesia v American Country Ins. Co. (2015 NY Slip Op 50738(U))
Similar decisions
- 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.
- NYU-Hospital for Joint Diseases v Allstate Ins. Co. (2014 NY Slip Op 08613)The hospital failed to establish entitlement to summary judgment because its own papers included a timely and sufficient denial.
- Nyack Hosp. v Allstate Ins. Co. (2014 NY Slip Op 00641)The insurer waived objections to deficient claim forms by failing to contest their adequacy timely at the claims stage.
- New York & Presbyt. Hosp. v Allstate Ins. Co. (2006 NY Slip Op 02731)The insurer proved exhaustion of policy limits before it became obligated to pay the provider's claim.
- Westchester Med. Ctr. v Allstate Ins. Co. (2013 NY Slip Op 08616)The insurer failed to establish a verification toll because it offered no evidence of mailing a required follow-up request.