The burden of a plaintiff medical provider assignee in proving its prima facie case in a no-fault action appears relatively simple; Plaintiff medical providers make “a prima facie showing of their entitlement to judgment as a matter of law by submitting evidentiary proof that the prescribed statutory billing forms had been mailed and received [by the relevant insurance carrier], and that payment of no-fault benefits was overdue.” Mary Immaculate Hosp. v. Allstate Ins. Co.1 Yet, this seemingly simple burden has been the subject of scores of appellate cases.
Recently, the Appellate Division, Second Department, in Viviane Etienne Medical Care v. Country-Wide Ins.,2 revisited this issue and clarified what is, and more importantly what is not, the plaintiff’s prima facie burden. Before proceeding with the court’s holding, a background of the genesis of this decision is in order.
Prima Facie Case
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