VE Med. Care, P.C. v NY Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 51074(U)(App. Term 2d Dept. 2012)
(1) Letters were mailed; (2) The EIPs did not show; and (3) The denial was timely. Order reversed.
April 24, 2025
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One Response
Remember, the denial was TIMELY. Nobody disputes that an insurer can deny for a breach of a condition precedent to coverage and nobody disputes that the denial can be retroactive. However, the denial still has to be timely which the Appellate Term, Second Dept has stressed in numerous decisions.