Legal Opinion · Concurring in part, dissenting in part

Viviane Etienne Medical Care, P.C. v. Country-Wide Ins.

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 2013Published

1Concurring in part, dissenting in partMiller, J.

There is nothing in the no-fault provisions of the Insurance Law, its implementing regulations, or the applicable case law that permits a party seeking no-fault benefits to recover reimbursement for economic loss without affirmatively establishing the merits of its claim pursuant to Insurance Law § 5102 (a) (1) and (b). Neither the Court of Appeals nor this Court has ever previously held that a plaintiffs prima facie burden is diminished or otherwise altered by an insurer’s failure to comply with the relevant time periods set forth in the regulatory framework of the No-Fault Law. I fully…

2Cases cited38 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Woodson v. Mendon Leasing Corp.New York Court of Appeals · 2003
  3. In re Leon RRNew York Court of Appeals · 1979
  4. Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
  5. Medical Society v. SerioNew York Court of Appeals · 2003

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