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HOSPITAL FOR JOINT DISEASES v. ALLSTATE INSURANCE COMPANY

5 A.D.3d 441 (2004)

773 N.Y.S.2d 427

HOSPITAL FOR JOINT DISEASES, as Assignee of IRENE ALLEN, Appellant, v. ALLSTATE INSURANCE COMPANY, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 8, 2004.

Ordered that the order is affirmed, with costs.

The plaintiff Hospital for Joint Diseases, as assignee of its patient, alleged in its complaint that the defendant no-fault insurer was liable for two no-fault claims which were mailed on March 6, 2002, because it neither paid nor denied the claims within 30 days of receipt, as required by Insurance Law § 5106 (a) and the corresponding regulation of the Insurance Department...

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