Mary Immaculate Hospital v. Allstate Insurance Company

• Decision Date: 29 March 2004
• Docket Number: 2003-04755.
• Citation: 2004 NY Slip Op 02359,5 A.D.3d 742,774 N.Y.S.2d 564
• Parties: MARY IMMACULATE HOSPITAL et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.
• Court: New York Supreme Court — Appellate Division

5 A.D.3d 742

774 N.Y.S.2d 564

2004 NY Slip Op 02359

MARY IMMACULATE HOSPITAL et al., Respondents, v. ALLSTATE INSURANCE COMPANY, Appellant.

2003-04755.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 29, 2004.

In an action to recover no-fault medical payments under certain insurance contracts, the defendant appeals from so much of a judgment of the Supreme Court, Nassau County (Skelos, J.), dated April 7, 2003, which, upon granting those branches of the plaintiffs' motion which were for summary judgment on their first, fourth, fifth, and seventh causes of action, is in favor of the plaintiff Mary Immaculate Hospital, as assignee of Lucretia Hall and Sosamma Johnkutty, and against it in the total sum of $124,035.43, in favor of the plaintiff New York United Hospital, as assignee of Jean A. Cudilio, and against it in the total sum of $6,633.33, and in favor of the plaintiff White Plains Hospital, as assignee of Rashid Chugstai, and against it in the total sum of $116.14.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Contrary to the defendant's contention, the plaintiff hospitals made a prima facie showing of their entitlement to judgment as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms had been mailed and received, and that payment of no-fault benefits was overdue (see Insurance Law § 5106 [a]; 11 NYCRR 65.15 [g] [3]; St. Luke's Roosevelt Hosp. v American Tr. Ins. Co., 1 AD3d 498 [2003]; St. Luke's Roosevelt Hosp. v Allstate Ins. Co., 303 AD2d 743 [2003]; New York & Presbyt. Hosp. v Allstate Ins. Co., 295 AD2d 412 [2002]; see also Matter of Pradip Das/N.Y. Med. Rehab v Allstate Ins. Co., 297 AD2d 321 [2002]). Furthermore, the defendant's submissions in opposition were insufficient to raise an issue of fact as to whether it timely issued a partial denial of the claim asserted by the plaintiff Mary Immaculate Hospital, as assignee of Lucretia Hall, or paid the claim asserted by the plaintiff New York United Hospital, as assignee of Jean A. Cudilio.

Santucci, J.P., Krausman, Luciano and Townes, JJ., concur.