Infinity Health Products, Ltd. v. Eveready Insurance

OPINION OF THE COURT

Memorandum.

Order affirmed without costs.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment and defendant opposed plaintiffs motion and cross-moved for summary judgment, arguing, inter alia, that the action was premature due to plaintiffs failure to provide requested verification. The court held that defendant failed to establish that its time to pay or deny plaintiffs claims was tolled since defendant’s follow-up verification request was sent to plaintiff prior to the expiration of the 30-day period within…