New York Hosp. Med. Ctr. of Queens v. New York Central Mut. Fire Ins. Co.

In this case, the hospitals commenced actions against an automobile insurer to recover no-fault medical payments. Here, the hospitals adequately proved assignments upon which the no-fault medical payments under automobile insurance policies were based. The hospitals mailed and the insurer received the appropriate hospital forms to demonstrate the loss sustained; however the insurer failed to either pay or deny each respective claim within the 30-day time limitation set forth in Insurance Law Section 5106[a]. The Appellate Division, Second Department held that the hospitals were entitled to recover the no-fault medical payments.

New York & Presbyterian Hosp. v. ELRAC, Inc.

In this case, the hospital commenced an action against car rental company to recover no-fault insurance benefits. The Second Department held that neither the hospital, nor its assignor submitted written notice of the accident within 90 days of the date of the accident as required by 11 NYCRR 65.11(m)(2). The Court also observed that the hospital failed to submit “written proof that it was impossible to comply with such time limitation due to the specific circumstances beyond [their] control,” noting the hospital’s submission was untimely. Among other things, the Court denied the hospital’s summary motion to dismiss.