Rockaway Boulevard Medical P.C. v. Progressive Insurance

OPINION OF THE COURT

Edgar G. Walker, J.

*445In this action to recover unpaid benefits claimed to be due for medical services allegedly rendered to its assignor, plaintiff* has moved for summary judgment. In support of the motion plaintiff has annexed, inter alia, the claim form it submitted to the defendant which it claims was neither timely paid nor denied. Defendant, in opposition, claims, inter alia, the form is not the prescribed New York State form N-F 3. Rather, plaintiff has utilized the generic health insurance claim form, HCFA/CMS 1500.

The claim form is signed by the treating doctor,…