New York Hosp. Med. Ctr. of Queens v Country Wide Ins. Co., 2011 NY Slip Op 01628 (2d Dept. 2011)
“The defendant’s verification requests, dated April 22, 2008, and May 22, 2008, respectively, requested “Rev. 01/04 NF5 & Assignment of Benefit Forms signed (No Stamps).” The plaintiff responded by providing exactly what was requested of it. The defendant cannot now complain that the NF5 or the Assignment of Benefits Forms provided by the plaintiff were “outdated,” as its verification requests only sought the January 2004 version of the NF5 Form and its accompanying assignment. Contrary to the Supreme Court’s conclusion, the affidavit of the defendant’s representative was insufficient to raise a triable issue of fact, as the plaintiff’s documented responses demonstrate that it [*2]complied with the defendant’s verification requests.”
One of my favorite cliches begins like this: Be careful what you ask for…
Sometimes, it is best to throw in the towel before you end up with your name on something like this. Of course, I speak from experience.
