TAM Med. Supply Corp. v Country Wide Ins. Co. (2018 NY Slip Op 50578(U))

The relevant facts considered in this case include an action by a provider to recover assigned first-party no-fault benefits, where the plaintiff moved for summary judgment and the defendant cross-moved for summary judgment dismissing the complaint on the ground that the plaintiff's assignor was not a member of the policyholder's household. The main issue decided was whether the plaintiff's assignor was an eligible injured person who was entitled to reimbursement of first-party no-fault benefits. The holding of the case was that defendant's cross motion for summary judgment dismissing the complaint was denied, as the affidavit of defendant's no-fault litigation supervisor was conclusory in nature and unsupported by competent evidence. Additionally, as the accident occurred in Pennsylvania and the NF-2 form stated that plaintiff's assignor resides in Bronx County, defendant failed to establish, as a matter of law, that plaintiff's assignor was not an eligible injured person. Therefore, plaintiff's motion for summary judgment was properly denied, and the order was modified accordingly.