Key Takeaway
Court confirms summary judgment remains available under Etienne standard, requiring only timely disclaimer and legal merit for no-fault insurance defenses.
Summary Judgment Standards After Etienne: A Simplified Path for Insurance Carriers
The landmark Viviane Etienne decision fundamentally changed how no-fault insurance litigation operates in New York, particularly regarding summary judgment motions. Before this ruling, insurance carriers faced a much higher burden when seeking to dismiss cases at the summary judgment stage. The First Department previously required carriers to demonstrate not just procedural compliance, but also the substantive merit of their defense position.
However, as demonstrated in recent appellate decisions, the post-Etienne landscape has streamlined the process significantly. Insurance carriers now benefit from clearer, more achievable standards when moving for summary judgment in prima facie cases involving billing disputes.
Jason Tenenbaum’s Analysis:
Healthy Way Acupuncture, P.C. v Clarendon Natl. Ins. Co., 2017 NY Slip Op 50345(U)(App. Term 1st Dept. 2017)
“Contrary to plaintiff’s contention, the proof submitted establishes that plaintiff’s bill for services in the amount of $1,495 was timely denied, inasmuch as the 30-day statutory period was tolled by defendant’s timely verification and follow-up requests (see 11 NYCRR 65-3.8; Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 25 NY3d 498 ).”
Prior to Etienne, the First-Department held that the insurance carrier had to demonstrate the merit of its defense to stave off summary judgment. Not so anymore. The insurance carrier only needs to prove a timely disclaimer and legal merit to the disclaimer.
Key Takeaway
The Etienne decision has significantly lowered the bar for insurance carriers seeking summary judgment in no-fault cases. Rather than proving the substantive merit of their defense, carriers now need only establish two elements: that they issued a timely disclaimer and that their disclaimer has legal merit. This represents a substantial shift from the pre-Etienne standard and has made summary judgment more accessible for insurance carriers defending against billing disputes.
Legal Update (February 2026): Since this 2017 analysis of post-Etienne summary judgment standards, New York’s no-fault regulations have undergone several amendments, particularly affecting procedural timelines and verification requirements under 11 NYCRR 65-3.8. The regulatory landscape governing prima facie case standards and summary judgment motions in no-fault litigation has evolved, and practitioners should verify current provisions to ensure compliance with updated procedural requirements.
