Westchester Medical Center v. Nationwide Mutual Insurance

N.Y. App. Div.

Court: New York Supreme Court, Appellate Division

Citations: 78 A.D.3d 1168, 911 N.Y.S.2d 907

Decision Date: 11/30/2010

Jurisdiction: NY

Bluebook Citation: Westchester Medical Center v. Nationwide Mutual Insurance, 78 A.D.3d 1168, 911 N.Y.S.2d 907 (N.Y. App. Div. 2010)

More Cases: N.Y. App. Div. decisions from 2010


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How this case sits in the citation network, derived from CiteLaw's graph of published opinions.

★Highly CitedTop 3% most-cited · cited by 153 decisions
153
Citing decisions
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3
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Citations by decade

122
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2010s2020s

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N.Y. App. Term.145
N.Y. App. Term6
N.Y. App. Div.2
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Cites 5 cases
  • Marshak v. Migliore
  • Nyack Hospital v. State Farm Mutual Automobile Insurance
  • Nyack Hospital v. Metropolitan Property & Casualty Insurance
  • New York & Presbyterian Hospital v. Allstate Insurance
  • Alvarez v. Prospect Hospital

Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.


Opinion

Westchester Medical Center, as Assignee of Sharon Bayly, Appellant, v Nationwide Mutual Insurance Company, Respondent.

majority

In an action to recover no-fault medical benefits under an insurance contract, the plaintiff appeals from an order of the Supreme Court, Nassau County (Murphy, J.), entered April 6, 2010, which denied its motion for summary judgment on the complaint.

Ordered that the order is affirmed, with costs.

Pursuant to the statutory and regulatory framework governing the payment of no-fault automobile benefits, insurance companies are required to either pay or deny a claim for benefits within 30 days of receipt of the claim (see Insurance Law § 5106 [a]; 11 NYCRR 65-3.8 [c]). Here, the plaintiff failed to establish its prima facie entitlement to judgment as a matter of law on its claim for benefits since the evidence demonstrates that the defendant made a partial payment and a partial denial of the claim within 30 days after receipt thereof (see New York & Presbyt. Hosp. v Allstate Ins. Co., 31 AD3d 512 [2006]; see generally Alvarez v Prospect Hosp., 68 NY2d 320 [1986]).

Furthermore, under the circumstances of this case, the minor factual discrepancy contained in the defendant’s denial of claim form did not invalidate the denial. In addition, the denial was not conclusory or vague, and did not otherwise involve a defense which had no merit as a matter of law (see Nyack Hosp. v State Farm Mut. Auto. Ins. Co., 11 AD3d 664, 665 [2004], citing Amaze Med. Supply v Allstate Ins. Co., 3 Misc 3d 43, 44 [2004]; cf. New York Univ. Hosp. Rusk Inst. v Hartford Acc. & Indem. Co., 32 AD3d 458, 460 [2006]; Nyack Hosp. v Metropolitan Prop. & Cas. Ins. Co., 16 AD3d 564 [2005]).

Since the plaintiff failed to establish its prima facie entitlement to judgment as a matter of law, we need not consider the sufficiency of the defendant’s papers in opposition to the motion (see Moore v Stasi, 62 AD3d 764 [2009]; Marshak v Migliore, 60 AD3d 647 [2009]). Accordingly, the Supreme Court properly denied the plaintiffs motion for summary judgment on the complaint. Skelos, J.P., Covello, Balkin and Sgroi, JJ., concur.

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