Capio Medical

Capio Medical

In this action to recover first-party no-fault benefits for medical services rendered to its assignor, plaintiff established a prima facie entitlement to summary judgment by proof that it submitted claims, setting forth the fact and the amount of the loss sustained, and that payment of no-fault benefits was overdue (see Insurance Law § 5106 [a]; Mary Immaculate Hosp. v Allstate Ins. Co., 5 AD3d 742 [2004]; A.B. Med. Servs. PLLC v Lumbermens Mut. Cas. Co., 4 Misc 3d 86 [App Term, 2d & 11th Jud Dists 2004]; Amaze Med. Supply v Eagle Ins. Co., 2 Misc 3d 128[A], 2003 NY Slip Op 51701[U] [App Term, 2d & 11th Jud Dists]). Contrary to defendants contention, its denial of claim forms, indicating the dates on which the claims were received, adequately established that plaintiff sent, and that defendant received, these respective claims (see A.B. Med. Servs. v New York Cent. Mut. Fire Ins. Co., 3 Misc 3d 136[A], 2004 NY Slip Op 50507[U] [App Term, 2d & 11th Jud Dists]). Moreover, the lack of authentication of an assignors signature, in and of itself, does not constitute a defect in the absence of any statutory and regulatory requirement for the same (A.B. Med. Servs. PLLC v Nationwide Mut. Ins. Co., 6 Misc 3d 70 [App Term, 2d & 11th Jud Dists 2004]). Even assuming arguendo that a lack of authentication constitutes a cognizable defect, defendants failure to seek verification of the assignments and to allege any deficiency in the assignments in its denial of claim forms constitutes a waiver of any defenses with respect thereto (see id.; see also New York Hosp. Med. Ctr. of Queens v New York Cent. Mut. Fire Ins. Co., 8 AD3d 640 [2004]; Presbyterian Hosp. in City of N. Y. v Aetna Cas. & Sur. Co., 233 AD2d 433 [1996]; Park Health Ctr. v Eveready Ins. Co., 2001 NY Slip Op 40665[U] [App Term, 2d & 11th Jud Dists]).

Capio Medical



Here is Download Link

Public Expenditure On Health And Personal Social Services 2007


Public Expenditure On Health And Personal Social Services 2007 Read Online Download

Author by : Great Britain: Parliament: House of Commons: Health Committee
Languange Used : en
Release Date : 2007-11-16
Publisher by : The Stationery Office






Decentralization In Health Care Strategies And Outcomes


Decentralization In Health Care Strategies And Outcomes Read Online Download

Author by : Saltman, Richard
Languange Used : en
Release Date : 2006-12-01
Publisher by : McGraw-Hill Education (UK)






Commercialization Of Health Care


Commercialization Of Health Care Read Online Download

Author by : M. Mackintosh
Languange Used : en
Release Date : 2005-09-19
Publisher by : Springer






Rethinking Misbehaviour And Resistance In Organizations


Rethinking Misbehaviour And Resistance In Organizations Read Online Download

Author by : Lucy Taska
Languange Used : en
Release Date : 2012
Publisher by : Emerald Group Publishing






The Health Social Care Yearbook


The Health Social Care Yearbook Read Online Download

Author by :
Languange Used : en
Release Date : 2005
Publisher by :






Major Companies Of Europe


Major Companies Of Europe Read Online Download

Author by :
Languange Used : en
Release Date : 2006
Publisher by :






International Hospital Federation Reference Book 2005 2006


International Hospital Federation Reference Book 2005 2006 Read Online Download

Author by : International Hospital Federation
Languange Used : en
Release Date : 2005
Publisher by :






Leave a Reply

Your email address will not be published. Required fields are marked *