Sky Med. Supply Inc. v Elrac Inc., 2014 NY Slip Op 24232 (Civ. Ct. Kings Co. 2014)
Court held that oral notification of claim was sufficient and seems to obviate the need the need to provide written notice of claim. Therefore, the carrier loses. I am not going to parse the decision because it is convoluted how it is written.
My first thought is why is a case like this going to “trial”? My second thought is wouldn’t the better line of reasoning be that the denial was valid since there was not timely written notice of claim; however, the plaintiff can still prevail if they can satisfy as Judge Ciaffa called it in Medical Select v. Allstate (another case that should never have went to trial) the safety valve provision of the regulations regarding late notice?
Now, since you are at trial, wouldn’t the provider have to prove the applicability and reasonableness of the so-called safety valve through producing the assignor at “trial” to testify as to why he/she did not file a timely notice of claim?
The decision seems backwards to me.
