Another denial that was fatally flawedMay 23, 2011
NYU Hosp. for Joint Diseases v Country Wide Ins. Co., 2011 NY Slip Op 04219 (2d Dept. 2011)
“Here, even assuming that the denial of claim form issued by the defendant was timely and was properly mailed to the plaintiff, the form “was fatally defective in that it omitted numerous items of requested information, and thus was incomplete” (Nyack Hosp. v Metropolitan Prop. & Cas. Ins. Co., 16 AD3d at 565; see Westchester Med. Ctr. v New York Cent. Mut. Fire Ins. Co., 81 AD3d 929; compare St. Barnabas Hosp. v Penrac, Inc., 79 AD3d 733). The denial also incorrectly listed Raquel Uviles as the applicant for benefits instead of the plaintiff”
This is just plain ridiculous already. I understand the “specificity rule”, but is there prejudice? Did Henig really not know what was being disclaimed and why? In my mind, enough with these games already. Yes, I know the hospitals in this state are hurting, and the latest budget severely curtailed the medicaid reimbursement rate. But, should the courts impose upon auto insurance policy holders an additional tax because Albany is trying to plug serious budget holes?