Hospital for Joint Diseases v. Travelers Property Casualty Insurance

Pigott, J. (dissenting).

I respectfully dissent. In my view, Travelers should not be precluded from asserting the affirmative defense that plaintiff Hospital lacked standing to sue—i.e., that it did not obtain a valid assignment from the recipient of medical services—even though Travelers did not obtain additional verification or deny the claim within the prescribed time periods set forth in the no-fault insurance regulations.*

As explained by the majority, Travelers failed to request ad*321ditional verification after receiving the Hospital’s claim and assignment of benefits forms, nor did it deny…