Key Takeaway
Kings County Civil Court rules that receiving an NF-10 denial form from an insurer is sufficient to establish prima facie proof that a medical claim was properly submitted and received.
Denial Forms as Prima Facie Evidence in No-Fault Cases
In no-fault insurance litigation, medical providers must establish that they properly submitted claims to insurers before pursuing payment. Traditionally, this required detailed proof of mailing procedures and delivery confirmation. However, a recent Kings County Civil Court decision has simplified this burden significantly by recognizing that receipt of a denial form itself can serve as prima facie evidence of proper claim submission.
This ruling builds upon the foundation established in Viviane Etienne while addressing practical questions about evidentiary requirements that courts had not previously resolved. The decision represents a pragmatic approach to establishing prima facie cases in medical provider litigation.
Jason Tenenbaum’s Analysis:
AR Med. Rehabilitation v State-Wide Ins. Co., 2015 NY Slip Op 25287 (Civil Ct. Kings Co. 2015)
(1) “Neither the Court of Appeals nor the Second Department in Viviane Etienne addressed whether at trial, a medical provider could forgo evidentiary proof of its mailing procedure by relying upon its receipt of a denial form from the insurer. Prior to Viviane Etienne, the Appellate Term, Second Department found that a medical provider’s receipt of an NF-10 denial form from the insurer was sufficient to establish that the claim form was sent by the medical provider and received by the insurer”
(2) “In light of the above, the Court finds that plaintiff’s submission into evidence of the NF-10 denial is sufficient to establish that defendant received the claim. Plaintiff therefore established its prima facie case. As defendant did not present any witnesses to establish its defense, judgment is awarded to plaintiff.”
This goes beyond the NTA cases and the interrogatory cases. I suppose it makes sense; if this is the case, then why bother with an NTA, subpoena or demanding interrogatories?
Key Takeaway
This decision streamlines the evidentiary burden for medical providers by treating denial forms as sufficient proof of claim submission. Rather than requiring complex proof of mailing procedures, providers can rely on the insurer’s own denial response as evidence that the claim was properly received, potentially eliminating the need for more burdensome discovery methods like notices to admit or interrogatory demands.
