Mailing

Proving Insurance Notice Delivery: When Incomplete Addresses Matter

In insurance law, proving that an insurer properly delivered required notices to policyholders is often crucial to claim determinations. Insurance companies typically rely on a legal presumption that properly mailed notices reach their intended recipients. However, this presumption isn’t absolute and can be challenged under certain circumstances.

The Thibeault case demonstrates how technical deficiencies in mailing addresses can become pivotal issues in insurance disputes. When an insurer uses an incomplete address that prevents proper delivery, this evidence can work together with other factors to overcome the standard mailing presumption. This principle is particularly relevant in no-fault insurance cases where proper notice delivery affects coverage decisions.

Understanding how mailing requirements work is essential for both insurers and policyholders, as these technical details can significantly impact claim outcomes and coverage determinations.

Jason Tenenbaum’s Analysis:

Mailing proof

Thibeault v Travelers Ins. Co., 37 A.D.3d 1000 (2d Dept. 2007)

“While it is true that an insured’s denial of receipt, standing alone, is insufficient to rebut the presumption (see id. at 829-830), here there is additional evidence that an omission in the address as stated on the Thibeaults’ policy application and used by defendant prevented delivery of the notice. There is no dispute that the address was incomplete, inasmuch as it left out the name of the Thibeaults’ business under which the post office box was registered. Because the Thibeaults submitted evidence that a mailing addressed solely to them, without the name of the business, would not be delivered to the post office box due to United States Postal Service practices, they succeeded in rebutting the presumption and raising a question of fact as to delivery of the notice”

Key Takeaway

Simply denying receipt of an insurance notice isn’t enough to overcome the legal presumption of proper delivery. However, when combined with concrete evidence that address deficiencies prevented delivery—such as missing business names required by postal practices—insureds can successfully challenge the presumption and create factual disputes about whether notice was actually received.