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HOSPITAL v. TRAVELERS PROP. CASUALTY INS.

9 N.Y.3d 312 (2007)

879 N.E.2d 1291

849 N.Y.S.2d 473

HOSPITAL FOR JOINT DISEASES, as Assignee of JODI FRIEDMAN and Another, Plaintiff, and NEW YORK AND PRESBYTERIAN HOSPITAL, as Assignee of WILLIAM BROWNE, Respondent, v. TRAVELERS PROPERTY CASUALTY INSURANCE COMPANY et al., Appellants.

Court of Appeals of the State of New York.

Decided November 20, 2007.

Attorney(s) appearing for the Case

McDonnell & Adels, P.C., Garden City (Martha S. Henley and Zara G. Friedman of counsel), for appellants.

Joseph Henig, P.C., Bellmore (Gregory Henig and Joseph Henig of counsel), for respondents.

Short & Billy, P.C., New York City (Skip Short and Amanda Jehle of counsel), for Property Casualty Insurers Association of America and others, amici curiae.

Rivkin Radler LLP, Uniondale (Evan H. Krinick, Barry I. Levy, Cheryl F. Korman and Stuart M. Bodoff of counsel), for New York Insurance Association, Inc., amicus curiae.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH and JONES concur with Judge GRAFFEO; Judge PIGOTT dissents and votes to reverse in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

In this action, a hospital seeks to recover no-fault insurance benefits for services rendered to a patient injured in a motor vehicle accident. We conclude that the insurance company's failure to timely request verification of the patient's assignment of benefits to the hospital precludes the carrier from now contesting the validity of the assignment. We therefore affirm the...

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