Legal Opinion
A.B. Medical Services PLLC v. USAA General Indemnity Co.
Appellate Terms of the Supreme Court of New York
Decided July 21, 2005PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order reversed without costs, plaintiffs’ motion for summary judgment granted and matter remanded to the court below for a calculation of statutory interest and an assessment of attorney’s fees.
In this action to recover first-party no-fault benefits for medical services rendered to their assignors, plaintiffs established a prima facie entitlement to summary judgment by proof that they submitted claims, setting forth the fact and the amount of the losses sustained, and that payment of no-fault benefits was overdue (see Insurance Law § 5106 [a]; Mary Immaculate…
2Cases cited7 opinions
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Mary Immaculate Hospital v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Roggio v. Nationwide Mutual InsuranceNew York Court of Appeals · 1985
- Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Terms of the Supreme Court of New York · 2004
- A.B. Medical Services PLLC v. Lumbermens Mutual Casualty Co.Appellate Terms of the Supreme Court of New York · 2004
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3Cited by3 opinions
- Unitrin Advantage Insurance v. Bayshore Physical Therapy, PLLCAppellate Division of the Supreme Court of the State of New York · 2011
- Jamaica Medical Supply, Inc. v. NY Central Mutual Fire InsuranceAppellate Terms of the Supreme Court of New York · 2011
- Jamaica Medical Supply, Inc. v. NY Central Mutual Fire InsuranceAppellate Terms of the Supreme Court of New York · 2011