Legal Opinion
Viviane Etienne Medical Care v. Country-Wide Ins.
New York Court of Appeals
Decided June 10, 2015No. 75PublishedCited by 194 opinions
1Opinion of the Court
*501OPINION OF THE COURT
Abdus-Salaam, J.
This appeal requires us to determine what proof a plaintiff medical provider must advance to make a prima facie showing of entitlement to summary judgment in a no-fault insurance action. We hold that a plaintiff demonstrates prima facie entitlement to summary judgment by submitting evidence that payment of no-fault benefits are overdue, and proof of its claim, using the statutory billing form, was mailed to and received by the defendant insurer. Proof evincing the mailing must be presented in admissible form, including, where it is applicable, meeting the…
2Cases cited17 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Nassau Insurance v. MurrayNew York Court of Appeals · 1978
- Medical Society v. SerioNew York Court of Appeals · 2003
- Central General Hospital v. Chubb Group of Insurance CompaniesNew York Court of Appeals · 1997
12 more not listed; retrieve them via the Exa API.
3Cited by194 opinions
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- CitiMortgage, Inc. v. PappasAppellate Division of the Supreme Court of the State of New York · 2017
- State Farm Mut. Auto. Ins. Co. v. ParisienDistrict Court, E.D. New York · 2018
- U.S. Bank N.A. v. MoultonAppellate Division of the Supreme Court of the State of New York · 2020
- Deutsche Bank Natl. Trust Co. v. DennisAppellate Division of the Supreme Court of the State of New York · 2020
189 more not listed; retrieve them via the Exa API.