Mailing not proven through witness that was not present when items was deposited into the trusty USPS

Exclusive Physical Therapy, P.C. v MVAIC,  2012 NY Slip Op 50862(U)(App. Term 2d Dept. 2012)

“We note that, in his affidavit, defendant’s claims representative stated that he had begun working for defendant after the denial of claim forms at issue had allegedly been mailed by defendant. Consequently, defendant failed to show that its denial of claim forms had been timely mailed”

I suspect one cannot travel in time capsule to learn how the process used to be.  Logical.

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7 Responses

  1. This decision makes no sense. Doesn’t this defeat the purpose of the BRE? So, a company that has been around for decades needs to always keep someone on staff from their early years just in case they ever need to prove something in court. This creates a heavy burden.

  2. The affidavit doesnt fit …. you gotta acquit. Was Jackie Chiles the lawyer on this case?

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