Legal Opinion
Siegel v. Progressive Casualty Ins.
Civil Court of the City of New York
Decided December 21, 2004PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Ellen Gesmer, J.
This case presents squarely the question of whether an assignment is an essential element of a claim for first-party no-fault benefits, and whether the failure to include it is a waivable defect. For the reasons set forth below, the court holds that an *889assignment is an essential element of a claim for no-fault benefits, which cannot be waived.
In this action, the verified complaint alleges that Melvin Reyes was injured in a car accident on May 12, 2003 and received treatment from plaintiff to whom he assigned his rights to benefits under No-Fault Insurance…
2Cases cited6 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Albert J. Schiff Associates, Inc. v. FlackNew York Court of Appeals · 1980
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
- New York Hospital Medical Center of Queens v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- New York Hospital Medical Center v. AIU InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- LMK Psychological Services, P.C. v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2006