Key Takeaway
New York appellate court ruling shows claim representatives can provide sufficient affidavit evidence to prove no insurance coverage was in effect at time of accident.
Understanding Who Can Testify About Insurance Coverage
In New York no-fault insurance litigation, proving whether coverage existed at the time of an accident is crucial for both insurers defending claims and medical providers seeking payment. A recent appellate decision clarifies important evidentiary standards about who can provide testimony regarding insurance coverage status.
The question of what type of witness can establish the absence of coverage has evolved over time in New York courts. While some earlier precedents suggested that only underwriters could provide definitive testimony about coverage issues, this case demonstrates a more flexible approach that allows other qualified insurance company representatives to establish these facts.
Jason Tenenbaum’s Analysis:
Compas Med., P.C. v Travelers Ins. Co., 2016 NY Slip Op 51247(U)(App. Term 2d Dept. 2016)
“In support of its motion, defendant submitted affidavits by its claim litigation representative and products specialist, which affidavits established that the vehicle which had been driven by plaintiff’s assignor at the time of the accident on January 18, 2011 was not covered by the insurance policy at issue. Consequently, defendant demonstrated, prima facie, that “the alleged injur do[] not arise out of an insured incident”
I recall some older cases that made it a point to stress that affidavits and testimony regarding coverage and mailing of the cancellation letters must be made by an underwriter. Currently, I am at a loss to recall those cases.
Key Takeaway
This decision shows that New York courts will accept affidavits from claim litigation representatives and products specialists as sufficient evidence to establish that no insurance coverage existed. This represents a practical approach that allows qualified insurance company employees beyond just underwriters to provide coverage testimony, making it easier for insurers to prove no policy of insurance defenses.
