Optimal Well-Being Chiropractic, P.C. v. Chubb Indem. Ins. Co

In Optimal Well-Being Chiropractic, P.C. v. Chubb Indem. Ins. Co. (46 Misc 3d 129[A], 2014 NY Slip Op 51807[U], 1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014] ), the court noted, at trial, a no-fault plaintiff's prima facie burden is to demonstrate proof of the submission of the claim forms at issue to defendant. The court indicated where the record establishes that the bills were denied and the denials admit receipt of the bills, plaintiff may prevail at trial (46 Misc. 3d 129[A], id. at 1-2 ).