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Reliable Med. Servs., P.C. v Travelers Indem. Co. (2006 NY Slip Op 51580(U))
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Decided on August 15, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: DAVIS, J.P., GANGEL-JACOB, SCHOENFELD, JJ .
Reliable Medical Services, P.C., a/a/o Rosa Perez, Plaintiff-Respondent,No. 570136/06
against
Travelers Indemnity Co. and Travelers Property Casualty Co., All d/b/a the Travelers, Defendant-Appellant.
Defendant appeals from that portion of an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered February 3, 2006, which denied its cross motion for summary judgment.
PER CURIAM:
Order (Francis M. Alessandro, J.), entered February 3, 2006), affirmed, with $10 costs.
Defendant's cross motion for summary judgment dismissal was properly denied. Although an insurer is not required to pay or deny a claim until it receives verification of all relevant information requested (see 11 NYCCR 65-3.8 [b] [3]; Nyack Hosp. v State Farm Mut. Auto. Ins. Co., 19 AD3d 569 [2005]), the affidavit of defendant's representative, submitted to establish proof of mailing of the verification requests, neither stated that she personally mailed the requests nor described
file:///C|/Users/Peter/Desktop/NY/2/2006_51580.htm[4/21/2013 6:13:13 PM] Reliable Med. Servs., P.C. v Travelers Indem. Co. (2006 NY Slip Op 51580(U))
defendant's mailing office and procedures (see New York and Presbyterian Hospital v Allstate Ins. Co., AD3d [2006], 814 NYS2d 687 {29 AD3d 547} ). We note that defendant's reply affidavit may not be considered for the purpose of establishing prima facie entitlement to summary judgment (see Batista v Santiago, 25 AD3d 326 [2006]).
This constitutes the decision and order of the court.
Decision Date: August 15, 2006
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