Justice Ingrid Joseph
Provider Parkview Medical sought to recover assigned no-fault benefits, moving for summary judgment. Massachusetts-based insurer Commerce sought summary judgment arguing various claims were denied as Parkview's assignor, Howe, was non-cooperative by failing to provide documents showing he was a Massachusetts resident. The court noted Commerce sent a reservation of rights letter to Howe at a Queens address before receiving an NF-2 application, but also found Commerce failed to provide evidence it sent the letter to the assignor's Massachusetts address. It also stated Commerce, after receiving two reports from two investigators and a recorded statement from Howe, did not disclaim its obligation under the policy based on false or misleading information regarding Howe's vehicle, but based on its contention Howe did not submit requested documents, thus failed to cooperate with its investigation. The court concluded while Commerce submitted sufficient information to rebut Parkview's prima facie showing regarding outstanding bills, it failed to establish its defense of lack of cooperation based on Howe's failure to remit documents. It ruled questions of fact existed if Commerce waived its right to disclaim on such ground, denying both motions.
