Key Takeaway
Allstate v. Longevity Medical Supply case analysis - court confirms master arbitrator award despite wrong mailing address argument under NY No-Fault law
Allstate Insurance Co. v. Longevity Medical Supply, Inc., 2272/16 (Civ. Ct. NY Co. 2016)
This case was sent to me from Steven F. Palumbom Esq., of Gabriel & Shapiro, LLC. In this case, the bill was mailed to one of Allstate Insurance Company’s addresses. Allstate argued that it was not sent to the proper address for No-Fault correspondence, yet, failed to provide an affidavit of non-receipt.
Longevity lost before the lower arbitrator. Longevity filed a demand for master arbitration, and the award was reversed. Allstate filed a Petition to set aside the award of the master arbitrator. The Petition was denied and the award of the master arbitrator was confirmed.
The case I think can be disposed of under the theory of 65-3,5(b).
While this provision deals with additional verification requests (this case involved the NF-3 or its functional equivalent), the regulation is instructive. It states: “If a claim is received by an insurer at an address other than the proper claims processing office, the 15 business day period for requesting additional verification shall commence on the date the claim is received at the proper claims processing office. In such event, the date deemed to constitute receipt of claim at the proper claim processing office shall not exceed 10 business days after receipt at the incorrect office.” (the bold is obviously mine)
Thus, Allstate’s position lacked palpable merit.
Related Articles
- Again – a mere denial will not rebut proof that a verification demand was mailed
- Non receipt and verification
- Understanding verification requests in New York no-fault insurance claims
- Affidavits of non-receipt and default judgment procedures in NY personal injury cases
- New York No-Fault Insurance Law
