Prima Facie Case Standards
What constitutes a prima facie case in no-fault and personal injury actions has been defined and refined through dozens of appellate decisions. The standard varies by department and continues to evolve.
48 articles from 2008–2018 · 0 current · 0 reviewed case notes · by Jason Tenenbaum
Start here
The explainer for this topic. Read it first; the articles below go deeper on single issues.
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2015 (5)
- Prima Facie Case in an MVAIC Matter: Residency and Notice of Intention Required
- Etienne applied differently in First Department
- The denial is the operative document for prima facie purposes
- What Is a Prima Facie Case in NY No-Fault?
- The prima facie case in the First Department and sinking of a disclosure based defense
2014 (8)
2013 (6)
- A prima facie case involving durable medical equipment
- Partial Summary Judgment granted on appeal
- Prima facie case lost
- A preclusion order renders the defense deficient as a matter of law – prima facie burden established
- Another less than noteworthy prima facie decision
- Another in the never ending line of prima facie disasters
2012 (7)
- Again – prima facie
- Summary judgment granted under the new interpretation of prima facie
- Prima facie gone bad
- Another prima facie disaster in the second department
- No Fault and Uninsured Motorist subrogation
- A passenger may move for partial summary judgment re: liability
- Second Medical – loses at prima facie again
2011 (6)
- Prima facie really does not mean prima facie
- A universal definition of a prima facie case
- Judge Hirsh says there is no difference in a hopsital and a standard medical provider's prima facie case
- Understanding No-Fault Insurance Claims: When Basic Legal Requirements Are Overlooked
- A new twist on prima facie
- Account Stated Claims in New York: Why Failure to Annex Bills Requires Automatic Denial
2010 (6)
- No-Fault Prima Facie Case Requires a Business Record Foundation for Medical Bills: Carothers v GEICO
- Notice to Admit is successful in District Court
- And why would you not bring your case in Manhattan or the Bronx?
- Where you can go wrong on a liability case – an interesting and scary read
- What Is a Prima Facie Case in the Second Department? Appellate Deadlines in No-Fault Litigation
- A civil court upholds Domotor, but applies it in a strange fashion
2009 (4)
- Prima Facie Case Requirements in NY No-Fault Insurance: Avoiding the Omni Chiropractic Mistake
- Carothers v. Geico: The No-Fault Business Records Showdown
- The Fourth Department for the first time in a decade has discussed the issue of what constitues a prima facie case
- Understanding Prima Facie Cases in New York No-Fault Insurance Law
Frequently asked questions
What does 'prima facie case' mean in no-fault litigation?
A prima facie case is the proof a plaintiff must put in before the burden shifts to the insurer. In Viviane Etienne Medical Care v Country-Wide Insurance Co., 25 NY3d 498 (2015), the Court of Appeals held that a medical provider shows prima facie entitlement to summary judgment by submitting evidence that payment of no-fault benefits is overdue and that proof of its claim, on the statutory billing form, was mailed to and received by the insurer, with mailing proof in admissible form, usually under CPLR 4518(a). Benefits are overdue when not paid within 30 days after proof of claim under Insurance Law § 5106(a).