East Acupuncture, P.C. v. Allstate Insurance

15 Misc. 3d 104
CourtAppellate Terms of the Supreme Court of New York
DecidedJanuary 3, 2007
StatusPublished
Cited by8 cases

This text of 15 Misc. 3d 104 (East Acupuncture, P.C. v. Allstate Insurance) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
East Acupuncture, P.C. v. Allstate Insurance, 15 Misc. 3d 104 (N.Y. Ct. App. 2007).

Opinion

OPINION OF THE COURT

Memorandum.

Order reversed without costs and matter remanded to the court below for a new calculation of interest in accordance with the decision herein.

In this action to recover overdue assigned first-party no-fault benefits, the parties stipulated to settle the principal amount owed on all claims for which defendant’s denials were timely and for which defendant issued no denials, as well as the statutory interest and attorney’s fees due thereon. Unable to agree on the date interest accrued on the claims for which defendant issued untimely denials, the parties stipulated to submit the question to the court below. The plaintiff sought interest from 30 days after the claims’ submission, while defendant insisted that interest accrued only from the date plaintiff commenced the action. The court found for plaintiff and defendant appeals.

An insurer is obligated to “pay or deny” a claim within 30 calendar days of the receipt of proof of claim (11 NYCRR 65-3.8 [c]).

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East Acupuncture, P.C. v. Allstate Insurance
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Cite This Page — Counsel Stack

Bluebook (online)
15 Misc. 3d 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/east-acupuncture-pc-v-allstate-insurance-nyappterm-2007.