Second Department.
VA Acutherapy Acupuncture, P.C. v State Farm Ins. Co., 2007 NYSlipOp 51217(U) In this case the defendant made the unique argument that, because the NF-10 came only 10 days after receiving the claims plaintiff could not establish its prima facie case. The Court was not amused.
To the extent defendant claims that plaintiff failed to make a prima facie showing that plaintiff’s claims were overdue because the NF-10 issued by defendant and annexed to plaintiff’s moving papers indicated that plaintiff’s claims were denied 10 days after defendant received the claims, such an argument lacks merit (see Insurance Law 5106 [a])
There has been some confusion as to what this part of the decision means. Defendant’s argument, as far as the decision shows was more about the timing of the denial than what was attached to who’s papers and what they can prove with it.
Edit: More than one person has disagreed with my interpretation, so I might very well be wrong. If anyone has some particular knowledge about this case please let me know.