Key Takeaway
Court rejects medical supplier's affidavit claiming claim form was mailed before it was even created, highlighting the importance of accuracy in legal documentation.
When Affidavits Contradict Basic Logic: A Costly Documentation Error
In no-fault insurance litigation, medical suppliers and healthcare providers must prove they timely submitted claim forms to insurance companies within strict deadlines. This typically requires sworn affidavits from employees who handled the mailing process. However, as one recent case demonstrates, even the most well-intentioned affidavit can backfire spectacularly when it contains impossible claims that defy the basic laws of time and space.
The case of Greenway Medical Supply Corp. v ELRAC, Inc. serves as a cautionary tale about the critical importance of accuracy in affidavit preparation. When an employee swears under oath to facts that are physically impossible, the entire affidavit loses its probative value in court. This principle applies broadly to various types of legal documentation, from defective notarization issues to problems with electronic submissions.
Jason Tenenbaum’s Analysis:
Greenway Med. Supply Corp. v ELRAC, Inc., 2016 NY Slip Op 51774(U)(App. Term 2d Dept. 2016)
“Furthermore, while plaintiff argues on appeal that its employee’s affidavit, which was submitted in opposition to plaintiff’s motion, was sufficient to establish that plaintiff had mailed its claim form within 45 days of the provision of the supplies, the affidavit has no probative value. The claim form was dated July 1, 2010 and the affidavit states, allegedly based upon the affiant’s personal knowledge, that the claim form was mailed on June 23, 2010.”
Mr. Greenway seems to have lost track of time.
Key Takeaway
This case underscores why careful review of affidavits is essential before submission. While courts may sometimes allow a second affidavit to clarify certain issues, fundamental contradictions like claiming to mail a document before it was created will render the entire affidavit worthless. Medical providers and suppliers should implement thorough documentation review processes to avoid such costly errors.
