CROSSBRIDGE DIAGNOSTIC RADIOLOGY v. ENCOMPASS INS.

2008-399 KC.

2009 NY Slip Op 29281

CROSSBRIDGE DIAGNOSTIC RADIOLOGY AS ASSIGNEE OF MOHAMED ALI LMIMOUNI, Respondent, v. ENCOMPASS INSURANCE, Appellant.

Appellate Term, Second Department.

Decided June 23, 2009.


In this action by a provider to recover assigned first-party no-fault benefits, plaintiff moved for summary judgment. Defendant opposed the motion, arguing that it denied plaintiff's claim on the ground that no coverage existed since the policy benefits had been exhausted. In response, plaintiff argued that defendant failed to timely deny plaintiff's claim and, in any event, defendant did not present admissible evidence establishing that the policy benefits were exhausted...

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