Payment after being told that carrier would not challenge additional verification response non-suits plaintff
Methodist Hospital v. American Transit Ins. Co., Index # 1631/13 (Sup. Ct. Nassau Co 2013)
Well, the hospital made $36,000. However, the hospital (or its collections attorneys) was looking for an additional $7,200 in interest, $850 attorney fee and $500 in filing fees. Yet, American Transit put a stop to that.
Here, the insurance carrier delayed the bill for letters of medical necessity, MRI films and color photos. Plaintiff following commencement of the lawsuit stated that this material was not within its custody and control and sent a letter to this effect. Within 10 days, the bill was paid in full. Case dismissed and the hospital had to cry having only recovered $36,087.25. Good job to counsel for defendant.
Plaintiff represented by: Joseph Henig, P.C.
Defendant represented by: Law Offices of James F. Sullivan, P.C.
Proof insufficient to show bills were paid: motion denied
Davidov Med., P.C. v Firemans Fund Ins. Co., 2010 NY Slip Op 52220(U)(App. Term 2d Dept. 2010)
The first time the issue of whether a bill has been paid, sufficient to warrant the granting of a motion for summary judgment has been addressed. Here is the monumental holding of the court:
“Upon a review of the record, we find that defendant did not make a prima facie showing that it had paid the four specific bills alleged by plaintiff in its complaint to be outstanding. Accordingly, defendant’s motion should have been denied”