Westchester Med. Ctr. v A Cent. Ins. Co., 2014 NY Slip Op 50347(U)(App. Term 2d Dept. 2014)
“Defendant established, through the affidavit of its no-fault litigation examiner, that it had first received plaintiff’s hospital claim form on May 9, 2011. Defendant further indicated that it had received copies of the same hospital bill on May 25 and July 18, 2011.”
…
“Contrary to plaintiff’s contention, the 30-day period in which to pay or deny a claim did not run anew as the result of plaintiff’s resubmission of the claim” (see New York & Presbyt. Hosp. v AIU Ins. Co., 20 AD3d 515, 516 [2005]; Hospital for Joint Diseases v Allstate Ins. Co., 5 AD3d 441, 442 [2004])”
Back to 2005 again with the plaintiff saying that the additional verification requests are untimely due to the resubmission not being addressed. It lost 10 years ago and it lost again.
