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Medalliance Medical Health Services v. Allstate Ins. Co.

Civil Court of City of New York, Queens County

February 25, 2013

MEDALLIANCE MEDICAL HEALTH SERVICES a/a/o Anna Oneal, Salvadore Rivera, Plaintiff,
v.
ALLSTATE INSURANCE COMPANY, Defendant.

[965 N.Y.S.2d 274] Peter C. Merani, P.C. by William Larkin, New York, for defendant.

Israel, Israel & Purdy, LLP by Justin Skaferowsky, Great Neck, for plaintiff (movant).

CARMEN VELASQUEZ, J.

Page 350

This is an action by the plaintiff to recover statutory interest and attorney fees on no fault insurance claims that were overdue when they were paid by the defendant. The plaintiff has submitted proof that, on the dates indicated, the following four claims were mailed to the defendant:

(1) March 10, 2009— $71.49 for services rendered to ANA ONEAL
(2) June 11, 2009— $1,392.52 for services rendered to SALVADORE RIVERA
(3) June 25, 2009— $107.64 for services rendered to SALVADORE RIVERA
(4) June 25, 2009— $186.80 for services rendered to SALVADORE RIVERA

The claims were each paid as follows:

Claim (1) was paid by draft dated June 1, 2009 for $71.49
Claim (2) was paid by draft dated July 29, 2009 for $1,392.52
Claim (3) was paid by draft dated August 16, 2009 for $107.64
Claim (4) was paid by draft dated August 10, 2009 for $103.95
" Pursuant to Insurance Law ยง 5106(a) and 11 NYCRR 65-3.5, insurers are required either to pay or deny a claim for no-fault automobile insurance benefits within 30 days from the date the applicant supplies proof of claim" ( New York & Presby. Hosp. v. Allstate Ins. Co.,30 A.D.3d 492, 493, 819 N.Y.S.2d 268, citing Presbyterian Hosp. v. Maryland Cas. Co., 90 N.Y.2d 274, 278, 660 N.Y.S.2d 536, 683 N.E.2d 1, rearg. denied 90 N.Y.2d 937, 664 N.Y.S.2d 275, 686 N.E.2d 1370; also see New York & Presbyt. Hosp. v. Travelers Prop. Casualty Ins. Co., 37 A.D.3d 683, 830 N.Y.S.2d 734). Based on the proof submitted by the plaintiff on this motion, the claims in this action were paid more than thirty days after they were mailed and received by the defendant. Therefore, the payments of the no fault benefits made [965 N.Y.S.2d 275] by the defendant were overdue ( NYU-Hospital for Joint Diseases v. Esurance Ins. Co., 84 A.D.3d 1190, 1191, 923 N.Y.S.2d 686, citing St. Vincent's Hosp. of Richmond v. ...

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