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Summary judgment not unavailable under EtienneMarch 25, 2017

Healthy Way Acupuncture, P.C. v Clarendon Natl. Ins. Co., 2017 NY Slip Op 50345(U)(App. Term 1st Dept. 2017)

“Contrary to plaintiff’s contention, the proof submitted establishes that plaintiff’s bill for services in the amount of $1,495 was timely denied, inasmuch as the 30-day statutory period was tolled by defendant’s timely verification and follow-up requests (see 11 NYCRR 65-3.8[a][1]; Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 25 NY3d 498 [2015]).”

Prior to Etienne, the First-Department held that the insurance carrier had to demonstrate the merit of its defense to stave off summary judgment.  Not so anymore.  The insurance carrier only needs to prove a timely disclaimer and legal merit to the disclaimer.

 

 

One Response

  1. slick says:

    Based on the decision, I don’t think this one means what you think it means.
    It was defendant’s motion for sj and appeal.

    Plaintiff raised timeliness issues in opposition.

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