Contemporary Acupuncture, P.C. v Allstate Ins. Co., 2016 NY Slip Op 50464(U)(App. Term 2d Dept. 2016)
“Defendant’s motion for summary judgment dismissing the complaint was based on the alleged failure of plaintiff’s assignor to appear for duly scheduled examinations under oath (EUOs). Upon a review of the record, we find that defendant failed to establish a prima facie showing of its entitlement to summary judgment. Among other things, defendant failed to establish as a matter of law that the EUO notices and the denial of claim forms at issue had been properly and timely mailed (see Progressive Cas. Ins. Co. v Infinite Ortho Prods., Inc., 127 AD3d 1050”
I only cite this case because of its mention to Progressive v. Infinite. That case stood for the proposition that if a link in the mailing chain is missing, then an item cannot not be proven to be mailed.
One Response
We may be seeing a split between the 9th and 10th vs. the 2nd, 11th, and 13th with respect to the sufficiency of Allstate’s mailing affidavits in the post-Progressive v. Infinite world.