Does not need to be mailed in duplicate (again)April 7, 2015

Performance Plus Med., P.C. v Utica Mut. Ins. Co., 2015 NY Slip Op 50399(U)(App. Term 2d Dept. 2015)

“We note that, contrary to plaintiff’s argument on appeal, the mailing affidavit submitted by defendant alleged that two copies of each denial of claim form were mailed to plaintiff. In any event, the failure to send a denial in duplicate is not, on its own, a fatal error (Mollo Chiropractic, PLLC v American Commerce Ins. Co., 42 Misc 3d 66, 69 [App Term, 2d, 11th & 13th Jud Dists 2013]).”

Leave a Reply