Three strikes and you owe itMarch 15, 2011
St. Vincent’s Hosp. & Med. Ctr. v New Jersey Mfrs. Ins. Co., 2011 NY Slip Op 01828 (2d Dept. 2011)
“The plaintiff, St. Vincent’s Hospital & Medical Center, as assignee of Tula Huillca, demonstrated its prima facie entitlement to judgment as a matter of law. While the defendant insurer timely issued two denials of claim within 30 days of its receipt of the completed hospital facility forms (NYS Form N-F 5), those denials of claim, which incorrectly stated the amount of the bill (STRIKE ONE) and the amount in dispute (STRIKE TWO), and incorrectly listed Tula Huillca as the applicant for benefits (STRIKE THREE) instead of the plaintiff, were fatally defective (see St. Barnabas Hosp. v Allstate Ins. Co., 66 AD3d 996, 996-997; Nyack Hosp. v Metro. Prop. & Cas. Ins. Co., 16 AD3d at 565). In opposition, the defendant failed to raise a triable issue of fact.”
According to the Penal Law, three strikes will net you 25-life. Here, well, you succumb to whatever the Plaintiff felt like suing you for. The comments on this topic are worth a read. There are some interesting viewpoints on this issue, all of them quite intelligible.