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A defeat to those who attempt to avoid responding to verification requests
Additional Verification

A defeat to those who attempt to avoid responding to verification requests

By Jason Tenenbaum 8 min read

Key Takeaway

Court ruling on verification requests in NY no-fault insurance cases, establishing requirements for adequate responses and consequences of inadequate compliance.

This article is part of our ongoing additional verification coverage, with 92 published articles analyzing additional verification issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

D & R Med. Supply v American Tr. Ins. Co., 2011 NY Slip Op 51727(U)(App. Term 2d Dept. 2011)

I think this case shows the perils a law firm or plaintiff encounters when they attempt to challenge the veracity and necessity of verification.  This is a huge case.

“The record establishes that plaintiff’s responses to defendant’s verification requests failed to provide the information which defendant had requested, in that plaintiff merely stated that the supplies at issue had been provided pursuant to a doctor’s prescription and did not advise defendant of the name of the doctor who had issued the prescription or where the doctor was located so that defendant could try to obtain the requested information from the prescribing doctor (see Urban Radiology, P.C. v Tri-State Consumer Ins. Co., 27 Misc 3d 140, 2010 NY Slip Op 50987 ). Consequently, defendant’s cross motion for summary judgment dismissing the complaint as premature should have been granted, as defendant’s time to pay or deny the claim had not begun to run (see Insurance Department Regulations § 65-3.8 ; Hospital for Joint Diseases v New York Cent. Mut. Fire Ins. Co., 44 AD3d 903 ; Central Suffolk Hosp. v New York Cent. Mut. Ins. Co., 24 AD3d 492 ; Hospital for Joint Diseases v State Farm Mut. Auto. Ins. Co., 8 AD3d 533 ). In light of the foregoing, we reach no other issue.”

Interesting dissent but it missed the point.


Legal Update (February 2026): Since this 2011 post, New York Insurance Department Regulation § 65-3.8 governing verification requests and claim processing timeframes may have been amended or updated. Practitioners should verify current provisions regarding verification response requirements, acceptable documentation standards, and claim payment timelines, as regulatory changes could affect the procedural requirements discussed in this case analysis.

Legal Context

Why This Matters for Your Case

New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.

Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.

About This Topic

Additional Verification in No-Fault Claims

Under New York's no-fault regulations, insurers may request additional verification of a claim within specified time limits. The timeliness, scope, and reasonableness of verification requests — and the consequences of a claimant's failure to respond — are among the most litigated issues in no-fault practice. These articles examine the regulatory framework for verification requests, court decisions on compliance, and the interplay between verification delays and claim determination deadlines.

92 published articles in Additional Verification

Keep Reading

More Additional Verification Analysis

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No Denial Required When Provider Fails to Respond to Verification Within 120 Days

Appellate Division holds insurers need not issue a denial when a medical provider or injured person fails to respond to verification demands within 120 days. Analysis of Chapa...

Feb 25, 2026
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120-day rule and Fee Schedule

New York court ruling demonstrates how healthcare providers can lose no-fault claims due to verification failures and fee schedule violations in insurance disputes.

Feb 1, 2020
Additional Verification

EUO letter did not toll time to pay or deny

Court rules EUO scheduling letter must identify specific person being requested for examination or lose toll benefit under NY Insurance Regulation 65-3.6(b).

Oct 27, 2013
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The failure to respond to ALL of the requested verification renders lawsuit premature

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

Oct 18, 2010
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120-day rule rebutted

Court ruling shows affidavit alone can create triable issue on verification receipt despite 120-day rule, prompting questions about documentary evidence standards.

Nov 25, 2018
Additional Verification

Delay letters v. verification requests

New York court clarifies that generic delay letters don't toll statutory payment deadlines—only specific verification requests can extend an insurer's time to pay or deny claims.

Nov 28, 2015
View all Additional Verification articles

Common Questions

Frequently Asked Questions

What is additional verification in no-fault insurance?

Additional verification is a request by the insurer for more information to process a no-fault claim, authorized under 11 NYCRR §65-3.5. When the insurer sends a verification request, the 30-day clock for claim processing is tolled (paused) until the requested information is received. This is a common insurer tactic to delay payment — but the verification request must be timely and relevant to be valid.

How long does an insurer have to request additional verification?

Under the no-fault regulations, the insurer must request initial verification within 15 business days of receiving the claim. Follow-up verification requests must be made within 10 business days of receiving a response to the prior request. If the insurer fails to meet these deadlines, the verification request is invalid and cannot be used to toll the claim processing period.

What types of additional verification can a no-fault insurer request?

Under 11 NYCRR §65-3.5, insurers may request medical records, provider licensing documentation, proof of treatment rendered, tax returns or financial records (in certain fraud investigations), authorization for release of medical records, and signed NF-3 verification forms. The verification request must be relevant to the claim and not overly burdensome. Requests for information not reasonably related to claim processing may be challenged as improper.

What happens if I don't respond to a no-fault verification request?

Failure to respond to a timely and proper verification request can result in denial of your no-fault claim. Under 11 NYCRR §65-3.5(o), if the requested verification is not provided within 120 calendar days of the initial request, the claim is deemed denied. The 120-day period runs from the date of the original request. However, if the verification request itself was untimely or improper, the denial based on non-response may be challenged.

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Attorney Jason Tenenbaum

About the Author

Jason Tenenbaum, Esq.

Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.

24+ years in practice 1,000+ appeals written 100K+ no-fault cases $100M+ recovered

Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a additional verification matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

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 (4)

Archived from the original blog discussion.

S
slick
The issue for this type of verification cases for me is that, 99% of the time, the insurer actually has the records in its files when the other treating provider sent in its claims for payment. If the insurer requests records that were already in its possession, the request is unreasonable.
RZ
Raymond Zuppa
In such is the case Slick the insurer’s conduct is illegal … but not according to the Superintendent or the Courts: “They have a right to try to hold onto their money” sayeth one Judge to me in Sup. NY. The parallel is that those people that commit fraud should have a right to commit fraud. This is a bogus decision. The insurance company had the records showing who prescribed the DME. You should be able to prove through discovery that the requested documents are in the possession of the carrier. But the Courts would say they have a right to ask for them again. What about demands for personal and private information.
S
Spud
It doesn’t matter whether the insurer might have the records from some other source, DME providers have an affirmative duty to provide the prescription and letter of medical necessity as a basic part of their initial submission of the bill. Failure to pony up the docs means they haven’t submitted complete request for benefits. Besides, thanks to Fair Price they can already get away with committing out and out fraud. Now you guys want to argue that they don’t have to follow even the most basic requirements of claims submission?
S
slick
To be clear, I am not focused on DME and recognize that it is somewhat unique based on the nature of the business. I dont disagree that carriers should have a copy of the scrip before they pay although a “letter of medical necessity” is not a mandatory requirement. However, I would expect that the prescribing provider would document need in his medical records in some fashion. That said, the most basic form of claims submission is an NF-3 or equivalent claim form. Anything else is extra. With that said, I agree that a carrier should have the option to review the scrip and any medical records that document the need for the scrip. However, once the insurer has the records, it has no need to ask for them again from another source. It seems like Spud and JT are advocating that insurers are entitled to use unnecessary verification requests to punish providers instead of using EUO’s, IME’s and other methods that would discover any fraud. Maybe I am missing something? That said, no carrier has the right to ask for the same documents it already possesses.

Legal Resources

Understanding New York Additional Verification Law

New York has a unique legal landscape that affects how additional verification cases are litigated and resolved. The state's court system includes the Civil Court (for claims up to $25,000), the Supreme Court (the primary trial court for unlimited jurisdiction), the Appellate Term (which hears appeals from lower courts), the Appellate Division (divided into four Departments, with the Second Department covering Long Island, Brooklyn, Queens, Staten Island, and several upstate counties), and the Court of Appeals (the state's highest court). Each court has its own procedural requirements, local rules, and case-assignment practices that can significantly impact the outcome of your case.

For additional verification matters on Long Island, cases are typically filed in Nassau County Supreme Court (at the courthouse in Mineola) or Suffolk County Supreme Court (in Riverhead). No-fault arbitrations are heard through the American Arbitration Association, which assigns arbitrators throughout the metropolitan area. Workers' compensation claims go to the Workers' Compensation Board, with hearings at district offices across the state. Understanding which forum is appropriate for your case — and the specific procedural rules that apply — is essential for a successful outcome.

The procedural landscape in New York also includes important timing requirements that can affect your case. Most civil actions are subject to statutes of limitations ranging from one year (for intentional torts and claims against municipalities) to six years (for contract actions). Personal injury cases generally have a three-year deadline under CPLR 214(5), while medical malpractice claims must be filed within two and a half years under CPLR 214-a. No-fault insurance claims have their own regulatory deadlines, including 30-day filing requirements for applications and 45-day deadlines for provider claims. Understanding and complying with these deadlines is critical — missing a filing deadline can permanently bar your claim, regardless of how strong your case may be on the merits.

Attorney Jason Tenenbaum regularly practices in all of these venues. His office at 326 Walt Whitman Road, Suite C, Huntington Station, NY 11746, is centrally located on Long Island, providing convenient access to courts and offices throughout Nassau County, Suffolk County, and New York City. Whether you need representation in a no-fault arbitration, a personal injury trial, an employment discrimination hearing, or an appeal to the Appellate Division, the Law Office of Jason Tenenbaum, P.C. brings $24+ years of real courtroom experience to your case. If you have questions about the legal issues discussed in this article, call (516) 750-0595 for a free, no-obligation consultation.

New York's substantive law also presents distinct challenges. In motor vehicle cases, the no-fault system under Insurance Law Article 51 provides first-party benefits regardless of fault, but limits the right to sue for non-economic damages unless the plaintiff establishes a "serious injury" under one of nine statutory categories. This threshold — codified at Insurance Law Section 5102(d) — requires medical evidence showing more than a minor or subjective injury, and courts have developed detailed standards for each category. Fractures must be documented through imaging studies. Claims of permanent consequential limitation or significant limitation of use require quantified range-of-motion testing with comparison to norms. The 90/180-day category demands proof that the plaintiff was unable to perform substantially all of their usual daily activities for at least 90 of the 180 days following the accident.

In employment discrimination cases, the legal standards vary depending on whether the claim arises under state or local law. The New York State Human Rights Law employs a burden-shifting framework: the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for its decision. If the employer meets this burden, the plaintiff must demonstrate that the stated reason is pretextual. The New York City Human Rights Law, by contrast, applies a broader standard, asking whether the plaintiff was treated less well than other employees because of a protected characteristic.

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