Key Takeaway
Urban Radiology v GEICO: Assignment of benefits not required for prima facie case in first-party no-fault actions.
This article is part of our ongoing assignment of benefits coverage, with 105 published articles analyzing assignment of benefits issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Urban Radiology, P.C. v GEICO Gen. Ins. Co., 2013 NY Slip Op 50850(U)(App. Term 2d Dept. 2013)
(1) Law requiring AOB
“The Civil Court dismissed the complaint, finding that plaintiff had not established a prima facie case because it had not offered into evidence an assignment of benefits.
While the claim forms at issue did not contain any language regarding an assignment of benefits, there is nothing in the record to indicate that defendant timely objected to the completeness of the forms or sought verification of the existence of a valid assignment. Accordingly, defendant waived any defense based thereon (see Hospital for Joint Diseases v Travelers Prop. Cas. Ins. Co., 9 NY3d 312, 320 ; Hospital for Joint Diseases v Allstate Ins. Co., 21 AD3d 348 ).”
Free Consultation · No Fee Unless We Win
Does this apply to your situation?
Every case is different. Get a free, confidential case review from an experienced attorney who can tell you exactly where you stand.
(2) What is a prima facie case
“Contrary to defendant’s contention, at a trial, unlike upon a provider’s motion for summary judgment, a provider is not required to “show that there is no defense to the cause of action or that the cause of action or defense has no merit” (CPLR 3212 ). Rather, it is defendant’s burden to show that it has a meritorious defense (see generally Seaboard Sur. Co. v Gillette Co., 64 NY2d 304 ; Northrup v Blue Cross & Blue Shield of Utica-Waterdown, 235 AD2d 1022 ; 70 NY Jur 2d, Insurance § 1493) and that such a defense is not precluded (see Presbyterian Hosp. in City of NY v Maryland Cas. Co., 90 NY2d 274, 282 ).”
Considering that the validity of an AOB is a defense, in both no-fault and non-no-fault litigation, this makes sense. The prima facie rule is weird. It promotes more trials where traditional Mary Immaculate and Dan Medical would control over Avenue T v. Auto One. I think the Court is probably stretching 3212(b) if it really believes that submission of a bill is sufficient for purposes of trial but not for summary disposition.
Related Articles
- Motion seeking leave to amend the answer to seek affirmative defense of lack of standing is proper
- Standing in a direct first party case is waivable
- Proving standing without an assignment?
- Assignment valid during unresolved lawsuit
- New York No-Fault Insurance Law
Legal Update (February 2026): Since this 2013 decision, New York’s no-fault regulations have undergone multiple amendments, including updates to claim form requirements, assignment of benefits procedures, and waiver provisions. Additionally, appellate courts have issued subsequent decisions that may have refined the standards for establishing prima facie cases in assigned first-party actions. Practitioners should verify current regulatory provisions and case law developments when relying on the assignment and waiver principles discussed in this post.
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
Keep Reading
More Assignment of Benefits Analysis
Standing (favorite statutes)
New York's RPAPL 1302-a prevents homeowners from waiving standing defenses in foreclosure cases, even if not raised initially—a game-changing protection for defendants.
Mar 22, 2021
Standing (Stacey Kapeleris)
Court ruling on standing in no-fault insurance claims, assignment of benefits, and injured person's right to retake possession of medical bills.
May 9, 2020
It is a two way street
Complex analysis of insurance priority coverage rules and the two-way street principle in no-fault vs workers compensation cases, examining Westchester Medical Center decision...
Apr 10, 2009
The securitization of debt does not divest party from having standing to prosecute action
Court rules that securitizing credit card debt doesn't eliminate the original issuer's standing to sue for unpaid balances, clarifying ownership rights in debt collection.
Feb 12, 2015
Another in the never ending line of prima facie disasters
Court ruling demonstrates the challenging burden healthcare providers face when establishing prima facie cases in no-fault insurance summary judgment motions.
Feb 15, 2013
An account stated must be supported by evidence in admissible form
New York court rules that account stated claims require proper business records foundation under CPLR 4518, not just submission of credit card statements without authentication.
Oct 6, 2010Was this article helpful?
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a assignment of benefits matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
