September 17, 2018

Village Med. Supply, Inc. v Travelers Prop. Cas. Ins. Co. (2018 NY Slip Op 51311(U))

Headnote

The relevant facts considered by the court in this case included an insurance company's motion for summary judgment to dismiss a complaint brought by a medical supply company. The insurance company argued that the medical supply company failed to respond to timely requests for verification, which rendered the underlying no-fault claims premature. The main issue decided by the court was whether the insurance company's verification request for a manufacturer's invoice documenting the cost of the supplies provided to the assignor was justified. The holding of the court was that the insurance company established its prima facie entitlement to summary judgment dismissing the claims, as the medical supply company failed to respond to the verification requests, and no triable issue was raised regarding the insurance company's "good reason" for the verification request. As a result, the court reversed the lower court's order and granted the insurance company's motion for summary judgment, dismissing the complaint.

Reported in New York Official Reports at Village Med. Supply, Inc. v Travelers Prop. Cas. Ins. Co. (2018 NY Slip Op 51311(U))

Village Med. Supply, Inc. v Travelers Prop. Cas. Ins. Co. (2018 NY Slip Op 51311(U)) [*1]

Village Med. Supply, Inc. v Travelers Prop. Cas. Ins. Co.

2018 NY Slip Op 51311(U) [61 Misc 3d 126(A)]

Decided on September 17, 2018

Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 17, 2018

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, P.J., Cooper, Edmead, JJ.
570014/18

Village Medical Supply, Inc. a/a/o Cindy Caspata, Plaintiff-Respondent,
against
Travelers Property Casualty Insurance Company, Defendant-Appellant.

Defendant, as limited by its brief, appeals from an order of the Civil Court of the City of New York, New York County (Erika M. Edwards, J.), entered June 1, 2016, which denied its motion for summary judgment dismissing the complaint.

Per Curiam.

Order (Erika M. Edwards, J.), entered June 1, 2016, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant-insurer established its prima facie entitlement to summary judgment dismissing the underlying first-party no-fault claims as premature, since the record conclusively establishes that plaintiff failed to respond to timely requests for verification (see St. Vincent Med. Care, P.C. v. Country Wide Ins. Co., 80 AD3d 599, 600 [2011]). No triable issue was raised by plaintiff’s claim that defendant had no “good reason” (11 NYCRR 65-3.2[c]) for its verification request for a manufacturer’s invoice documenting the cost of the supplies provided to the assignor (see New Way Med. Supply Corp. v State Farm Mut. Auto Ins. Co., 56 Misc 3d 132[A], 2017 NY Slip Op 50925[U] [App Term 2d, 11th and 13th Jud Dists 2017]; see also 12 NYCRR 442.2[a]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: September 17, 2018