April 25, 2006
Mount Sinai Hosp. v Allstate Ins. Co. (2006 NY Slip Op 03060)
https://www.beynensonlaw.com/case-law/mount-sinai-hosp-v-allstate-ins-co-2006-ny-slip-op-03060/
- Decided
- April 25, 2006
- Citation
- 2006 NY Slip Op 03060 · 28 AD3d 727
- Posture
- Summary judgment
- Outcome
- Insurer prevailed
- Issues
- Policy issues
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 Mount Sinai Hosp. v Allstate Ins. Co. (2006 NY Slip Op 03060)
| Mount Sinai Hosp. v Allstate Ins. Co. |
| 2006 NY Slip Op 03060 [28 AD3d 727] |
| April 25, 2006 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Mount Sinai Hospital, as Assignee of Lily Sagiv, et al., Respondents, v Allstate Insurance Company, Appellant. |
—[*1]In an action to recover no-fault insurance benefits, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Mahon, J.), entered February 14, 2005, as, upon granting the plaintiffs’ motion, in effect, for reargument of their motion for summary judgment which was denied in a prior order dated May 11, 2004, and, in effect, for reargument of the defendant’s cross motion for summary judgment which was granted in the prior order dated May 11, 2004, granted that branch of the plaintiffs’ motion which was for summary judgment on the first cause of action and denied that branch of the defendant’s cross motion which was for summary judgment dismissing that cause of action.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and upon reargument, that branch of the plaintiffs’ motion which was for summary judgment on their first cause of action is denied and that branch of the defendant’s cross motion which was for summary judgment dismissing the first cause of action is granted, and the first cause of action is dismissed.
The defendant established its entitlement to judgment as a matter of law on the first cause of action on the ground that the policy limits had been exhausted (see New York & Presbyt. Hosp. v Allstate Ins. Co., 12 AD3d 579 [2004]; see also Pantaleone v Viewmore Homes, 225 AD2d 599 [1996]). The plaintiffs failed to raise a triable issue of fact. [*2]
The plaintiffs’ remaining contentions are without merit. Florio, J.P., Santucci, Goldstein and Skelos, JJ., concur.
Cited in this decision
A label shows how this decision treated the case it cites.
- New York & Presbyt. Hosp. v Allstate Ins. Co. (2004 NY Slip Op 08669) FollowedAn untimely denial does not preclude an exhaustion defense or establish entitlement to judgment on a previously denied duplicate claim.
Cited by
- New York Univ. Hosp. Rusk Inst. v Illinois Natl. Ins. Co. (2006 NY Slip Op 05601)The insurers established a reasonable excuse for their default and potentially meritorious verification and policy-exhaustion defenses.
Similar decisions
- 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.
- Mount Sinai Hosp. v Zurich Am. Ins. Co. (2005 NY Slip Op 01329)The insurer raised factual issues about exhaustion of policy limits and compliance with payment-priority requirements on the first claim.
- New York & Presbyt. Hosp. v Travelers Prop. Cas. Ins. Co. (2007 NY Slip Op 01537)The hospital established receipt of its no-fault billing and the insurer's failure to respond within the required 30-day period.
- Mount Sinai Hosp. v Country Wide Ins. Co. (2011 NY Slip Op 05680)The insurer raised factual issues about policy exhaustion during a verification toll and payment with overdue interest before suit.
- Lenox Hill Hosp. v Allstate Ins. Co. (2012 NY Slip Op 52411(U))The providers' summary judgment motion was denied because they failed to demonstrate prima facie entitlement to judgment.