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Triangle R Inc. a/a/o Danilo Cabarcas v. Praetorian Insurance Company

November 26, 2010

TRIANGLE R INC. A/A/O DANILO CABARCAS, PLAINTIFF-RESPONDENT,
v.
PRAETORIAN INSURANCE COMPANY,



Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), entered October 29, 2009, which denied its motion for summary judgment dismissing the complaint.

Per curiam.

Triangle R Inc. v Praetorian Ins. Co.

Decided on November 26, 2010

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: Shulman, J.P., McKeon, Schoenfeld, JJ

NOVEMBER 26, 2010

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT November 2010 Term

Shulman, J.P., McKeon, Schoenfeld, JJ.NY County Clerk's No. 570600/10

Calendar No. 10-358

Triangle R Inc. a/a/o Danilo Cabarcas, Plaintiff-Respondent, v. Praetorian Insurance Company, Defendant-Appellant.

Defendant appeals from an order of the Civil Court of the City of New York, Bronx County (Mitchell J. Danziger, J.), entered October 29, 2009, which denied its motion for summary judgment dismissing the complaint. Per Curiam.

Order (Mitchell J. Danziger, J.), entered October 29, 2009, reversed, without costs, and defendant's motion for summary judgment is granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint. An insurer is not obligated to pay or deny a claim for no-fault benefits until it has received verification of all of the relevant information requested (see 11 NYCRR 65-3.8[b][3]; Hospital for Joint Diseases v New York Cent. Mut. Fire Ins. Co., 44 AD3d 903 [2007]; Nyack Hosp. v State Farm Mut. Auto. Ins. Co., 19 AD3d 569 [2005]). Inasmuch as it is undisputed that defendant-insurer never received a response to its verification requests for medical records, defendant established its prima facie ...


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