Legal Opinion
New York & Presbyterian Hospital v. Country-Wide Insurance
New York Court of Appeals
Decided October 13, 2011No. 216PublishedCited by 29 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
The question before the Court is whether a health care services provider, as assignee of a person injured in a motor vehicle accident, can recover no-fault benefits by timely submitting the required proof of claim after the 30-day period for providing written notice of the accident has expired. We hold it cannot.
On July 19, 2008, Joaquin Benitez was injured in a traffic accident which took place in Manhattan, and treated at New York and Presbyterian Hospital (Presbyterian) from that date through July 26, 2008. On the date of Benitez’s discharge, he and…
2Cases cited4 opinions
- Medical Society v. SerioNew York Court of Appeals · 2003
- In re General Assignment for the Benefit of Creditors of International Ribbon Mills, Ltd.New York Court of Appeals · 1975
- Hospital for Joint Diseases v. Travelers Property Casualty InsuranceNew York Court of Appeals · 2007
- Wyckoff Heights Medical Center v. Country-Wide InsuranceAppellate Division of the Supreme Court of the State of New York · 2010
3Cited by29 opinions
- Mapfre Ins. Co. of N.Y. v. ManooAppellate Division of the Supreme Court of the State of New York · 2016
- Bank of New York Mellon v. DeaneNew York Supreme Court · 2013
- U.S. BANK NATIONAL ASSOCIATION v. DENISCO, FRANK D.Appellate Division of the Supreme Court of the State of New York · 2012
- Fiduciary Insurance Co. of America v. Medical Diagnostic Services, P.C.Appellate Division of the Supreme Court of the State of New York · 2017
- Country-Wide Insurance v. Gotham Medical, P.C.New York Supreme Court · 2015
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