HEALTH PLUS MED., P.C. v. AMERICAN MFRS. MUT. INS. CO.

2007-491 K C.

2008 NY Slip Op 51444 (U)

HEALTH PLUS MEDICAL, P.C. A/A/O EDGAR AMAYA AND MOHAMMED UDDIN, Respondent, v. AMERICAN MANUFACTURERS MUTUAL INS. CO., AMERICAN MOTORISTS INS. CO., AMERICAN PROTECTION INS. CO. & LUMBERMENS MUTUAL CASUALTY COMPANY ALL D/B/A KEMPER INSURANCE COMPANIES, Appellants.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 8, 2008.


In this action by a provider to recover assigned first-party no-fault benefits, defendants moved for summary judgment dismissing the complaint and plaintiff cross-moved for summary judgment. The court denied defendants' motion for summary judgment, finding that defendants failed to establish the mailing of their denial of claim forms to plaintiff, and granted plaintiff's cross motion for summary judgment. The instant appeal by defendants ensued.

On appeal, defendants...

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