Opinion
April 23, 1996
Appeal from the Supreme Court, Nassau County (Bernard McCaffrey, J.).
Recent precedent squarely holds that "`preclusion of the insurance company's ability to deny the claim is the appropriate remedy'" where, as here, the insurance company neither denies a claim within 30 days after receiving it nor seeks to extend that time by requesting verification in the prescribed forms ( Presbyterian Hosp. v. Atlanta Cas. Co., 210 A.D.2d 210, 211 [2d Dept], quoting Loudermilk v. Atlanta Ins. Co., 178 A.D.2d 897, 898 [3d Dept]; see also, St. Clare's Hosp. v. Allcity Ins. Co., 201 A.D.2d 718, 720 [2d Dept]). Accordingly, plaintiff's motion for summary judgment was properly granted ( cf., Matter of Doyle v Amster, 79 N.Y.2d 592, 595).
Concur — Rosenberger, J.P., Wallach, Rubin, Kupferman and Tom, JJ.