The case of St. Vincent Med. Care, P.C. v. Country Wide Ins. Co.,1 is a procedural dynamo, covering many facets. The defendant argued that plaintiff had no standing to maintain its action because the assignment was signed by a minor and was therefore defective. The Appellate Term rejected the unique argument, finding that because Country Wide did not preserve the defense with timely verification requests, or by rejecting plaintiff’s assignment when it was received, the defense was waived.
The court also found that, by failing to attach any evidence to establish its fee schedule defense, Country Wide could not maintain that defense.2 Although Country Wide argued that its cross-motion based upon lack of medical necessity should have been granted as to certain causes of action, the Appellate Term determined that appealing from the judgment, rather than the underlying order, precluded it from addressing the issue.
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