Key Takeaway
New York court clarifies that insurance claim denials don't require business record authentication under CPLR 4518, as they're not submitted as recorded transactions.
In no-fault insurance litigation, understanding what evidence requires authentication as a business record can make the difference between winning and losing a case. The business records exception under CPLR 4518 is frequently misunderstood by practitioners who assume all insurance company documents must meet these strict authentication requirements.
A recent decision from the Appellate Term clarifies an important distinction: not every document an insurance company submits needs to be authenticated as a business record. The court’s analysis helps practitioners understand when business records authentication applies and when it doesn’t.
Jason Tenenbaum’s Analysis:
Jesa Med. Supply, Inc. v NYC Tr. Auth., 2013 NY Slip Op 52007(U)(App. Ter 2d Dept. 2013)
“Contrary to plaintiff’s argument, defendant was not required to establish that its denial of claim forms constituted evidence in admissible form pursuant to the business records exception to the rule against hearsay as set forth in CPLR 4518. Defendant did not submit the denials as memoranda “of any act, transaction, occurrence, or event” recorded therein (CPLR 4518 ; see Five Boro Psychological Servs., P.C. v Progressive Northeastern Ins. Co., 27 Misc 3d 141, 2010 NY Slip Op 50991 ; Quality Health Prods., Inc. v NY Cent. Mut. Fire Ins. Co., 27 Misc 3d 141, 2010 NY Slip Op 50990 ).”
Key Takeaway
The court distinguished between documents submitted as evidence of recorded business activities versus those submitted for their legal effect. Denial forms don’t require business record authentication because they’re not offered to prove what happened during the underlying transaction, but rather to establish the insurance company’s position. This distinction is crucial for practitioners dealing with CPLR 4518 challenges in no-fault cases.
Legal Update (February 2026): Since this 2013 post, CPLR 4518 business records authentication requirements and related procedural rules may have been modified through court rule amendments or legislative changes. Additionally, appellate decisions interpreting the scope of business records authentication in no-fault cases have continued to evolve, potentially affecting when insurance company documents require formal authentication. Practitioners should verify current CPLR 4518 provisions and recent case law interpretations before relying on the authentication standards discussed in this analysis.
