Healthway Med. Care, P.C. v Country Wide Ins. Co., 2015 NY Slip Op 51654(U)(App. Term 2d Dept. 2015)
“As defendant established its prima facie entitlement to judgment as a matter of law, the burden shifted to plaintiff. Despite being informed by the denial of claim forms that it had the opportunity to “submit written proof providing clear and reasonable justification for the failure” to timely advise defendant of the accident (11 NYCRR 65-1.1; 65-2.4), plaintiff did not present any evidence that it had availed itself of the opportunity or that it had given timely notice.”
The Court again stressed that if you wish to seek refuge within the regulation’s safety valve, communication with the carrier is key.