Key Takeaway
Court rules that insurance companies don't need to specify exact mailing dates in affidavits when proving timely denial of no-fault claims under standard office procedures.
Understanding Mailing Requirements for Insurance Denial Affidavits
In New York no-fault insurance litigation, insurance companies must prove they timely mailed claim denials to comply with statutory requirements. A common misconception among practitioners is that insurers must specify the exact date a denial was mailed in their supporting affidavits. This misunderstanding has led to numerous unsuccessful challenges to summary judgment motions.
The Appellate Term’s decision in Point of Health Acupuncture, P.C. v GEICO Ins. Co. provides important clarity on what constitutes sufficient proof of mailing practices in no-fault cases. The ruling demonstrates that courts will accept properly executed affidavits describing standard office procedures, even without specific dates, when establishing timely mailing of denials.
This decision is particularly relevant for attorneys handling no-fault cases, as questions about certified mail and regular mail procedures frequently arise in insurance litigation.
Jason Tenenbaum’s Analysis:
Point of Health Acupuncture, P.C. v GEICO Ins. Co., 2010 NY Slip Op 51724(U)(App. Term 2d Dept. 2010)
Five bucks says I am going to see this argument again in one of the oppositions sitting on my desk. Another five bucks says I will see it again next month…and the month after that…..etc. I mean I still see Contemporary v. Geico cited as if it still represents good law. So I digress.
Anyway, see below:
“The Civil Court granted plaintiff’s motion for summary judgment and denied defendant’s cross motion, finding that defendant had failed to specify the dates on which its denials were mailed.”
“Contrary to the conclusion of the Civil Court, the affidavit of defendant’s claims division employee was sufficient to establish that the relevant denial of claim forms had been timely mailed in accordance with defendant’s standard office practices and procedures”
I applaud Geico because this rationale for denying summary judgment motions is one that comes up frequently, and is completely incorrect on the law.
Key Takeaway
Insurance companies are not required to specify exact mailing dates in their affidavits when proving timely denial of no-fault claims. Courts will accept affidavits describing standard office procedures and practices as sufficient evidence of proper mailing, making challenges based solely on the absence of specific dates legally insufficient.
