Neurologic Services, P.C. v. Peerless Ins. Co

In Neurologic Services, P.C. v. Peerless Ins. Co., Index No. 4215/99 (Civ. Ct., Bronx Co., January 30, 2000) the plaintiff moved for summary judgment based on a 30-day Presbyterian Hospital preclusion, while the defendant cross-moved for summary judgment based on lack of cooperation, and a denial-of-claim which was sent to the insured prior to submission of the claim there at issue. The Civil Court determined that because the denial (1) was sent before plaintiff's claim was submitted, and (2) was not addressed to the plaintiff, but only to the plaintiff's assignor, it was insufficient. The Civil Court therefore granted summary judgment to the plaintiff.