Quality Health Prods. v Country-Wide Ins. Co., 2011 NY Slip Op 50328(U)(App. Term 2d Dept. 2011)
Plaintiff established that defendant did not pay plaintiff’s claim. However, plaintiff failed to establish that the claim was not denied within 30 days (see New York & Presbyt. Hosp. v Allstate Ins. Co., 31 AD3d 512 [2006]; see also Westchester Med. Ctr. v Nationwide Mut. Ins. Co., 78 AD3d 1168 [2010]). Plaintiff attached a copy of a portion of defendant’s denial of claim form to its motion papers, but this copy did not establish that defendant did not deny the claim within 30 days, since the date of the denial of claim form was not contained in the portion of the form annexed to plaintiff’s papers. Moreover, plaintiff’s affiant did not provide the date on which the denial of claim form was received by plaintiff. Furthermore, the reason for defendant’s denial of the claim was also not included in the annexed portion of the form. As plaintiff failed to show that the claim was not denied within 30 days or that the basis for the denial was conclusory, vague or had no merit as a matter of law, it failed to make a prima facie showing of its entitlement to judgment as a matter of law”
It is not my place to tell people how to practice law. But, why? Really? Hello? I just do not get it.
One Response
I agree with you that some people appeal things too often, regardless of the merits. But I disagree with you here. This decision flies squarely in the face of the Appellate Division cases. It goes far beyond what is required to make a prima facie showing of entitlement to no-fault benefits.