Legal Opinion
Westchester Medical Center v. Government Employees Insurance
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 2014Published
1Opinion of the Court
*843The plaintiff Westchester Medical Center, as assignee of Arianna Thrasher (hereinafter the appellant), made a prima facie showing of entitlement to judgment as a matter of law by submitting evidence in admissible form that the prescribed statutory billing form had been mailed to and received by the respondent insurer, which failed to either pay or deny the claim within the requisite 30-day period (see Insurance Law § 5106 [a]; 11 NYCRR 65-3.8 [c]; Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 114 AD3d 33 [2013]; Westchester Med. Ctr. v Hereford Ins. Co., 95 AD3d 1306, 1306-1307…
2Cases cited8 opinions
- Zappone v. Home InsuranceNew York Court of Appeals · 1982
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
- FAIR PRICE MED. v. TravelersNew York Court of Appeals · 2008
- Westchester Medical Center v. Lincoln General InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
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