Points of Health Acupuncture, P.C. v GEICO Ins. Co. 2009 NY Slip Op 52445(U) (App. Term 2d Dept. 2009)
“[a]s the affidavit executed by defendant’s claim representative stated that she began working for defendant after the denial of claim forms at issue were allegedly mailed by defendant, and defendant did not otherwise establish…its standard office practice and procedure for the mailing of denial of claim forms during the pertinent time period, defendant failed to establish that its denial of claim forms were timely mailed.”
Affidavits of mailing must state that the affiant was employed with the company for the duration of the claim, or for a defined time period prior to the date of the denial of claim form, verification request or other dated correspondence. Despite the above, the Appellate Term may have created an exception to the “must be employed for the duration” rule, when it held that the insurance carrier could “otherwise establish…its standard office and practice…during the pertinent time period….”
