Prestige Med. & Surgical Supply, Inc. v. Clarendon Natl. Ins. Co

In Prestige Med. & Surgical Supply, Inc. v. Clarendon Natl. Ins. Co. (13 Misc 3d 127[A] 2006 NY Slip Op 51672[U], 1 [App Term, 2d Dept, 2d & 11th Jud Dists 2006]) the court, albeit in the context of a motion for summary judgment, found that although a "provider [ordinarily] establishes the submission' of the claim form by demonstrating proof of proper mailing, which gives rise to the presumption that the claim form was received by the addressee," where plaintiff's proof was insufficient to establish mailing, the "deficiency was cured by defendant's acknowledgment of receipt in its denial of claim forms and by the admissions of the claims' receipt in the affidavits by defendant's claims adjusters" (13 Misc. 3d 127[A], id. at 2). As such, the court found plaintiff met its prima facie burden and the burden shifted to defendant to demonstrate triable issues of fact (id. ).