October 11, 2016

Renelique v Tri State Consumers Ins. Co. (2016 NY Slip Op 51536(U))

https://www.beynensonlaw.com/case-law/renelique-v-tri-state-consumers-ins-co-2016-ny-slip-op51536u/

Court: Appellate Term, Second Department
Decided: October 11, 2016
Citation: 2016 NY Slip Op 51536(U) · 53 Misc 3d 142(A)
Posture: Summary judgment
Outcome: Provider prevailed
Issues: Verification requests

Cite as

Renelique v Tri State Consumers Ins. Co., 53 Misc 3d 142(A), 2016 NY Slip Op 51536(U) (App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016)

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 insurer's summary judgment motion based on outstanding verification was denied on appeal. The provider sought assigned first-party no-fault benefits, and the Civil Court had dismissed the complaint as premature for failure to provide requested verification. The Appellate Term, Second Department, reversed for the reasons stated in the companion appeal Performance Plus Med., P.C. v Nationwide Ins., No. 2013-2766 Q C, decided the same day.

Reported in New York Official Reports at Renelique v Tri State Consumers Ins. Co. (2016 NY Slip Op 51536(U))

[*1]

Renelique v Tri State Consumers Ins. Co.

2016 NY Slip Op 51536(U) [53 Misc 3d 142(A)]

Decided on October 11, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 11, 2016

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

PRESENT: : PESCE, P.J., ALIOTTA and SOLOMON, JJ.
2014-504 Q C

Pierre Jean Jacques Renelique, as Assignee of Sherita Johnson, Appellant,
against
Tri State Consumers Ins. Co., Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Jodi Orlow, J.), entered February 5, 2014. The order granted defendant’s motion for summary judgment dismissing the complaint.

ORDERED that the order is reversed, with $30 costs, and defendant’s motion for summary judgment dismissing the complaint is denied.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff appeals from an order of the Civil Court which granted defendant’s motion for summary judgment dismissing the complaint on the ground that the action was premature because plaintiff had failed to provide requested verification.

For the reasons stated in Performance Plus Med., P.C., as Assignee of Melanna Luckie v Nationwide Ins. (___ Misc 3d ___, 2016 NY Slip Op _____ [appeal No. 2013-2766 Q C], decided herewith), the order is reversed and defendant’s motion for summary judgment dismissing the complaint is denied.

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

Decision Date: October 11, 2016

Similar decisions

Renelique v American Tr. Ins. Co. (2016 NY Slip Op 51546(U))The insurer's motion for summary judgment dismissing the provider's claims as premature for outstanding verification was denied on appeal.
Renelique v Allstate Ins. Co. (2016 NY Slip Op 51357(U))The insurer's affidavits failed to establish an office mailing procedure ensuring timely mailing of its denial of claim.
Renelique v Travelers Ins. Co. (2016 NY Slip Op 50911(U))The provider's affidavit raised a factual issue as to whether the insurer received requested verification and the action was premature.
Renelique v New York Cent. Mut. Fire Ins. Co. (2016 NY Slip Op 50868(U))The insurer's affidavit established timely and proper mailing of the denial based on the assignor's IME nonappearance.
Renelique v National Liab. & Fire Ins. Co. (2016 NY Slip Op 51615(U))The insurer failed to establish that the assignor's misrepresentation of residence in procuring the policy was material as a matter of law.