Skip to main content
The failure to respond to ALL of the requested verification renders lawsuit premature
Additional Verification

The failure to respond to ALL of the requested verification renders lawsuit premature

By Jason Tenenbaum 8 min read

Key Takeaway

New York court rules that partial compliance with additional verification requests renders no-fault insurance lawsuits premature, requiring complete response to all items.

Understanding Additional Verification Requirements in No-Fault Insurance Claims

In New York’s no-fault insurance system, insurance companies have the right to request additional verification when reviewing claims for medical services or benefits. This process allows insurers to gather necessary documentation to properly evaluate claims before making payment decisions. However, healthcare providers and other claimants must understand that partial compliance with these verification requests can have serious consequences for their ability to pursue legal action.

The verification process serves as a critical checkpoint in New York No-Fault Insurance Law. When an insurer requests additional documentation, the claimant must provide a complete response to maintain their right to file a lawsuit for unpaid benefits. This requirement ensures that insurance companies have all necessary information to make informed coverage decisions while protecting claimants who fully comply with verification requests.

Understanding what constitutes adequate compliance with verification requests is essential for healthcare providers and other parties seeking no-fault benefits. Additional verification non-receipt issues frequently arise in litigation, making it crucial to know the standards courts apply when evaluating compliance.

Jason Tenenbaum’s Analysis:

Eagle Surgical Supply, Inc. v Travelers Indem. Co., 2010 NY Slip Op 51775(U)(App. Term 2d Dept. 2010)

“In opposition to the motion, plaintiff argued, among other things, that it had responded to the requests for additional verification, and annexed its responses as an exhibit.”

“he record unequivocally demonstrates that plaintiff failed to provide all of the requested additional verification. As a result, the order granting defendant’s motion for summary judgment dismissing the complaint is affirmed”

So, if you ask for 10 things and only get 9, then the action is still premature. This case is interesting for many reasons.

Key Takeaway

This decision establishes that complete compliance with verification requests is mandatory in no-fault insurance cases. Even if a claimant responds to most requested items, failing to provide any single piece of requested verification renders a lawsuit premature. Healthcare providers must carefully review all verification requests and ensure they address every item to preserve their right to litigation. More verification non receipt issues continue to impact cases throughout New York’s court system.


Legal Update (February 2026): The standards and procedures governing additional verification requirements in New York no-fault insurance claims may have evolved since this 2010 analysis through regulatory amendments, updated Department of Financial Services guidance, or court decisions refining compliance standards. Practitioners should verify current verification requirements, acceptable response formats, and timing provisions under the most recent regulations and case law.

Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Discussion

Comments (7)

Archived from the original blog discussion.

S
SunTzu
This case does not pertain to invalid demands or correspondence informing that certain verification cannot be obtained. The plaintiff did not argue those points in the appellate brief, which I obtained. Plaintiff’s counsel merely argued that the evidence established all the verification demands were complied with. No discussion was made of any particular demand. Argument section of brief was three pages.
J
JT Author
Slick – what makes you think some of us do not represent homeowners averting foreclosure and debtors who owe credit card debts?
S
slick
jt, I havent seen it, but of course it could be out there. it’s not meant to be an attack on the defense bar. all i’m saying is there’s a large overlap in skills for any individuals or firms that are interested. I actually think the money might be better as well.
RZ
raymond zuppa
Shame on you Slick. No Fault Defense attorneys are just as big bottom feeders as No Fault Plaintiff attorneys. They’ll represent an old lady who is being foreclosed upon just as long as the check clears. During rough times you can find them in traffic court offering to rep people who get speeding tickets. A pervert with a bank account — a no fault defense attorney will take the case. No Fault defense attorneys are just as noble as all the rest of us.
J
JT Author
We all do what we have to in order to survive, and many of us either volunteer or perform services at a highly reduced rate to help those in need. Some of us take pride in fighting a certain foreclosure firm based in Buffalo, a few credit-card collection firms based in Nassau and Western Suffolk, contractors who are getting sued because a Claimant wants her driveway paved and remodeled for free, etc. I also prosecuted a Family Court case at a highly reduced rate because the child’s father, who had a nice state pension, was trying to deny his child a college education, despite a divorce judgment that said otherwise, and a mother who had little to no money. Perhaps I am a little sensitive to some of the accusations that people make about no-fault defense attorneys.
S
slick
like i said, it’s nothing personal, but I am confident that you and a lot of other defense guys could contest a bank’s prima facie case in your sleep. Gov. Patterson even signed an attorneys’ fees statute for the attorneys who represent homeowners against foreclosure so it might even be a good business. I dont think it would be something you would take for free or at a highly reduced rate. I think there’s money in it. It’s just a matter of marketing to get the clients.
RZ
raymond zuppa
That’s a low blow J.T. We had a gentleman’s agreement that you would never discuss the case wherein you represented my ex wife. And I deny everything you said. My pension is okay and the little brat might not be my son despite the so called “overwhelming DNA evidence” you presented. My cases against certain insurance entities are all pro bono and in fact have cost me thousands of dollars. I also cleared a man of a homicide 52 years after the fact — pro bono — because I loved the client and wanted to do something no one ever did. It’s all about the hate and conflict. I really love it.

Long Island Legal Services

Explore Related Practice Areas

Free Consultation — No Upfront Fees

Injured on Long Island?
We Fight for What You Deserve.

Serving Nassau County, Suffolk County, and all of New York City. You pay nothing unless we win.

Available 24/7  ·  No fees unless you win  ·  Serving Long Island & NYC

Injured? Don't Wait.

Get Your Free Case Evaluation Today

No fees unless we win — available 24/7 for emergencies.