Metroscan Imaging v. American Tr. Ins. Co

In Metroscan Imaging v. American Tr. Ins. Co. (NYLJ, Dec. 10, 1999, at 27, col 5 [Civ Ct, NY County]), the court found that a plaintiff seeking summary judgment for payment of no-fault benefits, and relying upon the defendant insurer's failure to have paid or denied the claim within 30 days of its submission, as required by Insurance Law 5106, met its burden by submitting verification of treatment forms containing a stamped signature, or signature of someone other than the doctor. The court reached this decision on the ground that "defendant has not cited any regulation requiring an original signature on the claim forms," and that for the court to require the same would "run[] the risk of undoing all that the no-fault law was designed to do, i.e. to provide a quick and efficient mechanism to deal with claims arising out of non-serious injuries caused by a car accident." (At 28, col 2.)