Innovative Chiropractic, P.C. v Progressive Ins. Co., 2010 NY Slip Op 50148(U)(App. Term 2d Dept. 2010)
In another day of firsts, the Appellate Term granted the insurance carrier summary judgment motion to the extent of dismissing the portion of the complaint representing the $200 deductible portion of the disputed no-fault billing. The following was stated:
“[d]efendant did demonstrate that the applicable insurance policy contained a $200 deductible (see Insurance Department Regulations [11 NYCRR] § 65-1.6) and that defendant timely denied $200 of the claim at issue due to said deductible (see Insurance Law § 5102 [b] [3]). Consequently, under the circumstances presented herein, it is appropriate for this court to search the record and grant summary judgment to defendant dismissing the complaint with respect to the bills totaling $200, which bills defendant had denied based upon the $200 deductible”
As to the claim for $33.70, it looks like defense counsel forgot make mention of this particular bill in the claim representative affidavit, a scrivener’s error that all of us occasionally make.
