Key Takeaway
Lost wage claims in NY no-fault insurance require medical testimony proving disability and non-speculative income evidence. Court analysis of Gordon v Chubb case.
Gordon v Chubb Group of Ins. Co., 2014 NY Slip Op 00894 (1st Dept. 2014)
The trial court found plaintiff not credible on the issue of mailing of the claim in January 1999, and since there is no documentary proof of such a mailing, there exists no basis to disturb the court’s finding that the claim was not sent before June 1999 (see generally 300 E. 34th St. Co. v Habeeb, 248 AD2d 50, 54 ). The various elements of lost income were properly denied as speculative, given the conflicting evidence as to plaintiff’s income, and the lack of any medical testimony linking his disability to his inability to work (see Razzaque v Krakow Taxi, 238 AD2d 161, 162 ).
Because defendant’s denial of coverage was timely, even if improper, the trial court correctly awarded interest from commencement of the action, at the rate of 2% simple interest per month (see Matter of Medical Socy. of State of N.Y. v Serio, 100 NY2d 854, 871 ).”
(1) There is a need to prove through medical testimony a disability preventing a Claimant from working;
(2) Lost income must be proven through non-speculative sources.
There is such a dearth of case law on the issue of lost wages. Again, this is because a vast majority of these claims alwas been resolved through arbitration. This is in contrast to first-party benefit claims that have traditionally been handled through litigation.
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