Brandoff v. Empire Blue Cross & Blue Shield

OPINION OF THE COURT

Lucy Billings, J.

*937Plaintiff, a podiatrist, sues defendant health services corporation to recover $73,825 for medical treatment provided to seven patients from October 26, 1996 to June 2, 1997. Plaintiff’s standing to sue is grounded upon his patients’ purported assignment of billing rights under their health insurance contracts with defendant. He argues that defendant did not timely reject his claims or articulate a basis for questioning them, in violation of the New York Insurance Law and defendant’s own and industry standards for processing claims. Plaintiff seeks summary…