St. Vincent's Hospital of Richmond v. American Transit Insurance Company
| Decision Date | 04 November 2002 |
| Citation | 299 A.D.2d 338,750 N.Y.S.2d 98 |
| Parties | ST. VINCENT'S HOSPITAL OF RICHMOND, Respondent, et al., Plaintiff,<BR>v.<BR>AMERICAN TRANSIT INSURANCE COMPANY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Ordered that one bill of costs is awarded to the appellant.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 [a] [1]).
The plaintiff St. Vincent's Hospital of Richmond (hereinafter the hospital), among others, commenced this action, as assignee of two claims, to recover no-fault medical payments allegedly due for hospital bills under an insurance contract. The hospital moved for summary judgment on the first and second causes of action arguing that the defendant, American Transit Insurance Company (hereinafter American Transit), failed to either pay or deny the claims within 30 days of its receipt of proof of the claims. American Transit cross-moved for summary judgment dismissing the complaint on the ground that it timely sent letters and follow-up letters requesting additional verification, to which the hospital did not respond. American Transit argued that the time within which it had either to pay or deny the claims did not begin to run and, therefore, the hospital's commencement of this action was premature.
The Supreme Court erred in granting the hospital's motion for summary judgment and in denying American Transit's cross motion for summary judgment. The hospital's argument that American Transit's timely requests for the assignors' hospital records were ineffective to toll its time to pay or deny the claims because they were made by letter rather than by prescribed form is without merit (see Nyack Hosp. v Progressive Cas. Ins. Co., 296 AD2d 482; New York Hosp. Med. Ctr. of Queens v State Farm Mut. Auto. Ins. Co., 293 AD2d 588, 590; New York & Presbyt. Hosp. v American Tr. Ins. Co., 287 AD2d 699, 700-701). The hospital forms sent to American Transit stated that all inquiries...
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