December 8, 2015

New Way Med. Supply Corp. v Dollar Rent A Car (2015 NY Slip Op 51794(U))

https://www.beynensonlaw.com/case-law/new-way-med-supply-corp-v-dollar-rent-a-car-2015-ny-slip-op-51794u/

Court: Appellate Term, Second Department
Decided: December 8, 2015
Citation: 2015 NY Slip Op 51794(U) · 49 Misc 3d 154(A)
Posture: Summary judgment
Outcome: Insurer prevailed
Later treatment: Followed in 2 later decisions (see Cited by)
Issues: Policy issues

Cite as

New Way Med. Supply Corp. v Dollar Rent A Car, 49 Misc 3d 154(A), 2015 NY Slip Op 51794(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015)

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.

The self-insurer's claims examiner affidavit established its lack-of-coverage defense without detailing each records-search step. The affidavit stated that no vehicle belonging to the self-insurer was involved in the alleged collision, that searches under the assignor's name found no associated accident record, and that the self-insurer issued no automobile policies to individuals or entities. The Appellate Term, Second Department, found that proof sufficient for prima facie entitlement to summary judgment and rejected the provider's demand for a detailed description of the search. The provider raised no triable issue in opposition. The court affirmed the order granting the self-insurer summary judgment dismissing the complaint.

Reported in New York Official Reports at New Way Med. Supply Corp. v Dollar Rent A Car (2015 NY Slip Op 51794(U))

[*1]

New Way Med. Supply Corp. v Dollar Rent A Car

2015 NY Slip Op 51794(U) [49 Misc 3d 154(A)]

Decided on December 8, 2015

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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 8, 2015

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ.
2014-356 Q C

New Way Medical Supply Corp. as Assignee of Jacen Adams, Appellant,

against

Dollar Rent A Car, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Cheree A. Buggs, J.), entered January 7, 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 it has no insurance policy with plaintiff’s assignor. Plaintiff appeals from an order which granted defendant’s motion.

In support of its motion, defendant submitted an affidavit from its third-party claims examiner, which states, among other things:

“2. [A] Dollar vehicle was not involved in an alleged vehicular collision on June 18, 2011, a loss for which plaintiff’s assignor allegedly received medical treatment.

. . .

6. The claimant Jacen Adams (nor Adams Jacen) did not appear in any claimant name search. There are no records of an accident associated with said individual in Dollar’s system.

7. Secondly, Dollar is a self-insured entity and does not issue automobile policies to individuals or other entities.

8. Based upon the foregoing, I can attest with certainty that a Dollar vehicle was not involved in this particular vehicular collision on June 18, 2011, the loss for which plaintiff claims entitlement to No-Fault reimbursement.”

In our view, contrary to plaintiff’s contention on appeal, this was sufficient to establish, prima facie, defendant’s lack of coverage defense (see Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co., 44 Misc 3d 136[A], 2014 NY Slip Op 51240[U] [App Term, 2d, 11th & [*2]13th Jud Dists 2014]; Jesa Med. Supply, Inc. v NYC Tr. Auth., 38 Misc 3d 138[A], 2013 NY Slip Op 50188[U] [App Term, 2d, 11th & 13th Jud Dists 2013]). Moreover, contrary to plaintiff’s further contention on appeal, “defendant was not required to describe in detail the steps which it had taken in searching its records in order to demonstrate that there was no coverage in effect at the time of the accident” (Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co., 44 Misc 3d 136[A], 2014 NY Slip Op 51240[U], *1). In opposition to defendant’s prima facie showing, plaintiff failed to demonstrate the existence of a triable issue of fact.

As plaintiff’s remaining arguments lack merit, the order is affirmed.

Pesce, P.J., Weston and Aliotta, JJ., concur.

Decision Date: December 08, 2015

Cited in this decision

A label shows how this decision treated the case it cites.

Delta Diagnostic Radiology, P.C. v American Tr. Ins. Co. (2014 NY Slip Op 51240(U)) FollowedThe insurer's examiner affidavit established that it had not issued a policy covering the accident.
Jesa Med. Supply, Inc. v NYC Tr. Auth. (2013 NY Slip Op 50188(U)) FollowedThe transit authority established that its records contained no indication of the assignor's involvement in an accident with its vehicle.

Cited by

A label shows how the later decision treated this one.

Greenway Med. Supply Corp. v Dollar Rent A Car (2021 NY Slip Op 50439(U)) FollowedThe defendant established lack of coverage, and its out-of-state affidavit's missing certificate of conformity was not fatal.
SK Prime Med. Supply v Country Wide Ins. Co. (2021 NY Slip Op 51204(U)) FollowedThe insurer's underwriting affidavit established that it had issued no policy covering the accident, and the provider raised no triable issue.
Pavlova v Country Wide Ins. Co. (2018 NY Slip Op 50843(U))The insurer's cross motion for summary judgment was granted on the ground that it had issued no policy covering the loss.
New Millennium Med. Imaging, P.C. v Charter Oak Fire Ins. Co. (2019 NY Slip Op 51163(U))The insurer obtained summary judgment because its proof showed that it had issued no policy covering the loss.
Charles Deng Acupuncture, P.C. v Zurich Am. Ins. Co. (2018 NY Slip Op 51554(U))The insurer's cross motion for summary judgment was upheld because its proof established that it had issued no policy covering the loss.
Performance Plus Med., P.C. v American Tr. Ins. Co. (2018 NY Slip Op 51771(U))The insurer's cross motion for summary judgment was granted on its defense that it had issued no policy covering the loss.

Similar decisions

New Way Med. Supply Corp. v American Tr. Ins. Co. (2015 NY Slip Op 50422(U))The provider failed to establish an overdue claim or a timely denial that was conclusory, vague or legally without merit.
New Way Med. Supply Corp. v State Farm Mut. Auto. Ins. Co. (2017 NY Slip Op 50925(U))The provider's action was premature because it had not supplied the insurer's requested verification, including wholesale equipment invoices.
Daily Med. Equip. Distrib. Ctr., Inc. v American Tr. Ins. Co. (2016 NY Slip Op 51621(U))The insurer failed to prove IME nonappearance through a person with personal knowledge, while the provider failed to establish its prima facie case.
Right Aid Med. Supply Corp. v New York City Tr. Auth. (2025 NY Slip Op 51514(U))The self-insurer established lack of coverage because none of its vehicles was involved in the assignor's accident.
New Way Med. Supply Corp. v National Liab. & Fire Ins. Co. (2015 NY Slip Op 50783(U))A no-fault action is premature when the provider has failed to respond to a request for verification.