Legal Opinion
Diagnostic Rehab. Medicine Serv. P.C. v. Travelers Indemnity Co.
Appellate Terms of the Supreme Court of New York
Decided December 10, 2004PublishedCited by 2 opinions
1Opinion of the Court
*69OPINION OF THE COURT
Memorandum.
Order unanimously reversed without costs and defendant’s motion to dismiss the complaint denied.
In this action to recover assigned no-fault benefits, the purported assignment form is signed by the claimant but does not designate a named assignee. However, defendant insurer, having failed to seek additional verification or allege any deficiency in the assignment in its denial of claim form, waived any defenses with respect thereto (see Presbyterian Hosp. in City of N.Y. v Aetna Cas. & Sur. Co., 233 AD2d 433 [1996]; A.B. Med. Servs. PLLC v Nationwide Mut. Ins.…
2Cases cited3 opinions
- New York Hospital Medical Center of Queens v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
- Presbyterian Hospital in City of New York v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1996
- A.B. Medical Services PLLC v. Nationwide Mutual Ins.Appellate Terms of the Supreme Court of New York · 2004
3Cited by2 opinions
- A.B. Medical Services PLLC v. Nationwide Mutual Ins.Appellate Terms of the Supreme Court of New York · 2004
- Siegel v. Progressive Casualty Ins.Civil Court of the City of New York · 2004