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

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…