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Orthoplus Prods, Inc. v. Glob. Liberty Ins. Co.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Jun 19, 2019
64 Misc. 3d 128 (N.Y. App. Div. 2019)

Opinion

570655/18

06-19-2019

ORTHOPLUS PRODUCTS, INC., a/a/o Atiana Colston, Plaintiff-Respondent, v. GLOBAL LIBERTY INSURANCE COMPANY of New York, Defendant-Appellant.


Per Curiam.

Order (Carolyn Walker-Diallo, J.), dated July 20, 2018, reversed, with $10 costs, motion granted and complaint dismissed. The Clerk is directed to enter judgment accordingly.

Defendant-insurer established its prima facie entitlement to summary judgment dismissing the underlying first-party no-fault claims as premature. Even accepting plaintiff's assertion that it submitted certain verification documents to defendant, the record establishes that plaintiff did not fully respond to defendant's requests for additional verification, which were properly mailed to plaintiff's attorney as authorized by counsel's prior correspondence to defendant (see St. Vincent's Hosp. of Richmond v American Tr. Ins. Co. , 299 AD2d 338 [2002] ; GNK Med. Supply, Inc. v Tri-State Consumer Ins. Co. , 37 Misc 3d 138[A], 2012 NY Slip Op. 52195[U] [App Term, 1st Dept 2012] ). Since verification remained outstanding, the then-applicable thirty-day period to pay or deny the claims did not begin to run, the claims were not overdue, and plaintiff's action is premature (see St. Vincent Med. Care, P.C. v Country Wide Ins. Co. , 80 AD3d 599, 600 [2011] ; Westchester County Med. Ctr. v New York Cent. Mut. Fire Ins. Co. , 262 AD2d 553 [1999] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.


Summaries of

Orthoplus Prods, Inc. v. Glob. Liberty Ins. Co.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Jun 19, 2019
64 Misc. 3d 128 (N.Y. App. Div. 2019)
Case details for

Orthoplus Prods, Inc. v. Glob. Liberty Ins. Co.

Case Details

Full title:Orthoplus Products, Inc., a/a/o Atiana Colston, Plaintiff-Respondent, v…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Jun 19, 2019

Citations

64 Misc. 3d 128 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 51003
116 N.Y.S.3d 484

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