Key Takeaway
Court case shows how matching the wrong documents to an affidavit can destroy an insurance company's summary judgment motion in no-fault litigation.
In no-fault insurance litigation, proving proper mailing of claim denials is crucial for insurance companies defending their decisions. When insurers move for summary judgment, they typically rely on affidavits from employees detailing their standard mailing procedures, supported by certified mail receipts and other documentation. However, as this Appellate Term case demonstrates, even minor discrepancies between an affidavit’s claims and its supporting exhibits can be fatal to a motion.
The case involves a classic scenario where an insurance company’s careful legal work was undermined by a simple but critical error in document preparation. This type of mailing documentation issue frequently arises in no-fault cases, where insurers must prove they properly sent denial letters within statutory timeframes.
Jason Tenenbaum’s Analysis:
Bay LS Med. Supplies, Inc. v Allstate Ins. Co., 2015 NY Slip Op 51625(U)(App. Term 2d Dept. 2015)
“In support of its cross motion, defendant submitted an affidavit by its special investigator which set forth defendant’s standard mailing practices and procedures by which he had mailed the denial of claim form at issue to plaintiff. Although the affiant stated that, annexed as an exhibit, was a copy of the certified mail, return receipt card bearing the claim number in question, which reflected that plaintiff had signed for the envelope which, in accordance with the affiant’s standard office practice and procedure, contained the denial of claim form in question, the documents attached to defendant’s motion pertained to a different assignor. As a result, defendant failed to establish that it had properly mailed its denial of claim form to plaintiff”
Key Takeaway
This case illustrates how attention to detail matters in litigation. When an affiant promises specific supporting documentation in their sworn statement, the actual exhibits must match exactly. Even when certified mail procedures are followed correctly, attaching documents for the wrong case or assignor can invalidate an otherwise strong summary judgment motion.
