PLEASE NOTE THE FIRM'S PERMANENT ADDRESS HAS CHANGED TO 326 WALT WHITMAN RD SUITE C, HUNTINGTON STATION NY 11746

"Due consideration" an element to a late notice claim.

If you were injured due to someone else’s careless actions, we understand the challenges you may be facing. As a victim or a surviving family member, you could be dealing with the life-altering consequences of a serious accident.

Bronx Expert Radiology, P.C. v NYC Tr. Auth., 2011 NY Slip Op 51571(U)(App. Term 1st Dept. 2011)

Prima facie defenses to a 45-day or 30-day rule violation now requires “due consideration” to the explanation the provider gave.  So the affidavit now reads:  “We considered the excuse, and found it unavailing because….”  That should do the trick.

“Defendant’s cross motion for summary judgment dismissing the complaint was properly denied as defendant failed to establish that it gave “due consideration” to the explanation offered by plaintiff for the late submission of its no-fault claims as required by the insurance regulations (see 11 NYCRR 65-3.5[l]; Matter of Medical Socy. of State of NY v Serio, 100 NY2d 854, 863 [2003]; Bronx Expert Radiology v Clarendon Natl. Ins. Co., 23 Misc 3d 133[A], 2009 NY Slip Op 50747[U] [2009]).”

Facebook
Twitter
Email
Print

4 Responses

  1. The rule started here: Bronx Expert Radiology v Clarendon Natl. Ins. Co., 23 Misc 3d 133[A], 2009 NY Slip Op 50747[U] [2009]) because in that case the carrier claims rep. affidavit contained what I fairly characterized as an admission that the carrier failed to perform a supervisory review of 45-day reasonable justification.

    I’m pretty sure that most carriers just ignore reasonable justification letters. Clarendon gave me the ammo to illustrate this point.

  2. “Hey Rogak stop banging your head into things. It’s causing earthquakes.”

    Indeed, given its extreme mass, Rogak’s head can act as an anchor for a space elevator.

Latest Article

Personal Injury Practice Areas

DO I HAVE A CASE?

DON'T ACCEPT LESS THAN WHAT YOU'RE OWED!

Choosing the right legal representation is one of the most critical decisions you can make after an accident.

Partnering with a skilled, experienced, and dedicated personal injury attorney can bolster your case and position you to secure the full financial compensation you’re entitled to.

Our firm is ready to manage every aspect of your case, including negotiations with insurance companies. We reject inadequate settlement offers and relentlessly fight for the maximum compensation you rightfully deserve.

Contact Us – We’re Here to Help


    5-Star Rating on Google