Westchester Medical Center v. Progressive Casualty Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*1082In an action to recover no-fault benefits, a plaintiff makes a prima facie showing of entitlement to judgment as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms were mailed to and received by the relevant insurance carrier, and that payment of no-fault benefits was overdue (see Presbyterian Hosp. in City of N.Y. v Maryland Cas. Co., 90 NY2d 274 [1997]; New York & Presbyt. Hosp. v Selective Ins. Co. of Am., 43 AD3d 1019 [2007]). No-fault benefits are overdue if not paid within 30 days after the insurer receives proof of claims, including verification…
2Cases cited7 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
- Presbyterian Hospital v. Maryland Casualty Co.New York Court of Appeals · 1997
- Mount Sinai Hospital v. Chubb Group of Insurance CompaniesAppellate Division of the Supreme Court of the State of New York · 2007
- New York & Presbyterian Hospital v. Selective InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Viviane Etienne Medical Care v. Country-Wide Ins.New York Court of Appeals · 2015
- AR Medical Rehabilitation v. State-Wide InsuranceCivil Court of the City of New York · 2015
- American Tr. Ins. Co. v. Beach Med. Rehabilitation, P.C.Appellate Division of the Supreme Court of the State of New York · 2026
- New York Hospital Medical Center v. QBE InsuranceAppellate Division of the Supreme Court of the State of New York · 2014
- New York Hospital Medical Center v. QBE InsuranceAppellate Division of the Supreme Court of the State of New York · 2014
8 more not listed; retrieve them via the Exa API.