[DOWNLOAD] "Struhl v. Progressive Casualty Insurance Co." by Appellate Term, Second Department New York Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Struhl v. Progressive Casualty Insurance Co.
- Author : Appellate Term, Second Department New York Supreme Court
- Release Date : January 03, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
In this action to recover assigned first-party no-fault benefits, plaintiff health care provider established its prima facie entitlement to summary judgment by proof that it submitted the functional equivalent of a statutory claim form setting forth the fact and amount of the loss sustained, and that payment of no-fault benefits was overdue (see Insurance Law 5106 [a]; Mary Immaculate Hosp. v Allstate Ins. Co., 5 AD3d 742 [2004]; Amaze Med. Supply v Eagle Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51701[U] [App Term, 2d & 11th Jud Dists]). The nature of the fact and amount of loss, that is, the "particulars of the nature and extent of the injuries and treatment received and contemplated" (11 NYCRR 65-1.1) were sufficiently set forth to permit defendant the review to which it was entitled at the claim stage. Thus, the burden shifted to defendant to raise a triable issue of fact (Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]).
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