Tuesday, April 04, 2006

Plaintiffs MSJ must say not denied within 30 days

In a recent case decided in Kings County, Judge Bluth held that plaintiff was not entitled to summary judgment as there was no averment in a supportive affidavit or similar paper that they claims were not denied within 30 days. In New York Craniofacial Care, P.C. v Allstate Ins. Co., plaintiff provided proof that the bill had not been paid and supportive affidavits included language to that end. They did not, however, include any mention that the claims were not denied within 30 days.

2 comments:

TH said...

The problem with plaintiff's counsel's approach is that it invites providers to bring disingenuous summary judgment motions alleging that their claims are overdue even when they are well aware that they received valid, timely denials.

I didn't know whether to laugh or cry when I read the above. Are these "judges" that clueless that they don't realize that has been the game for some time now?

Showtuner said...

I disagree with the other comment, and frankly think he or she can't comprehend the decision. In the context of the whole decision, I think it is clear that the judge knows damn well that the game is to make the insurance company prove mailing even when there is no question, and he doesn't like it. That's why these providers lost the motion. The other poster doesn't appreciate the judge's wink. Anyone agree?