(Download) "Careplus Medical Supply Inc. v. General Assurance Company" by Appellate Term, Second Department New York Supreme Court " eBook PDF Kindle ePub Free

July 26, 2021

eBook details

Title: Careplus Medical Supply Inc. v. General Assurance Company
Author : Appellate Term, Second Department New York Supreme Court
Release Date : January 31, 2005
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 79 KB

Description

In this action to recover first-party no-fault benefits for medical supplies furnished to its assignors, plaintiff established a prima facie entitlement to summary judgment by proof that it submitted the claims, setting forth the fact and the amount of the loss sustained, and that payment of no-fault benefits was overdue (see Insurance Law Â§ 5106 [a]; Mary Immaculate Hosp. v Allstate Ins. Co., 5 AD3d 742 [2004]; A.B. Med. Servs. PLLC v Lumbermens Mut. Cas. Co., 4 Misc 3d 86 [App Term, 2d & 11th Jud Dists 2004]; Damadian MRI in Elmhurst v Liberty Mut. Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51700[U] [App Term, 9th & 10th Jud Dists]). In opposition, defendant argued that it properly denied the claims based on the assignors failure to attend independent medical examinations (IMEs).