Alur Med. Supply, Inc. v Progressive Ins. Co., 2009 NY Slip Op 50657(U) (App. Term, 2nd, 2009)
Since defendant’s papers established that it mailed its follow-up requests for verification on the 30th calendar day after it mailed its verification requests, the follow-up requests were premature and without effect (see General Construction Law § 20; Insurance Department Regulations [11 NYCRR] § 65-3.6 [b]; Infinity Health Prods., Ltd. [*2]v Eveready Ins. Co., 21 Misc 3d 1 [App Term, 2d & 11th Jud Dists 2008]). Consequently, defendant failed to timely deny plaintiff’s claim and is precluded from raising most defenses, including its proffered defense of lack of medical necessity (see Fair Price Med. Supply Corp. v Travelers Indem. Co., 10 NY3d 556 [2008]; Presbyterian Hosp. in City of N.Y. v Maryland Cas. Co., 90 NY2d 274, 282 [1997]). Accordingly, the Civil Court properly granted plaintiff’s motion for summary judgment, and the judgment is affirmed.
Andrew Carothers, M.D., P.C. v GEICO Indem. Co., 2009 NY Slip Op 50664(U) (App. Term, 2nd, 2009)
For the reasons stated in Andrew Carothers, M.D., P.C. a/a/o Tatyana Matevich, et al. v GEICO Indem. Co., ___ Misc 3d ___, 2009 NY Slip Op _____ [No. 2007-1829 K C], decided herewith), the judgment is reversed and the complaint is dismissed.