Presbyterian Hospital v. Colonial Penn Insurance

In an action pursuant to Insurance Law § 5106 (a) for the payment of first-party benefits, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Feuerstein, J.), dated June 24, 1994, as denied its motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

*281Although the defendant issued an incomplete denial of claim form to the plaintiff, there is a question of fact regarding whether the event that caused Jorge Acevedo’s injuries is covered by his contract of insurance with the defendant. Thus, the…