J.O.V. Acupuncture, P.C. v Amex Assur. Co., 2017 NY Slip Op 50347(U)(App. Term 1st Dept. 2017)
“This action, seeking recovery of first-party no-fault benefits, is not ripe for summary dismissal, since defendant-insurer failed to establish the proper and timely mailing of the denial of claim form at issue (see Nyack Hosp. v Metropolitan Prop. & Cas. Ins. Co., 16 AD3d 564, 564—565 [2005], lv denied 5 NY3d 713 [2005]; Hospital for Joint Diseases v Nationwide Mut. Ins. Co., 284 AD2d 374 [2001]). The affidavit submitted by defendant to establish proof of mailing of the denial, identifying the affiant as an employee of nonparty Ameriprise Auto & Home [Ameriprise], lacked probative value, since affiant failed to show any relationship between Ameriprise and defendant, or any personal knowledge of the internal mailing practices and procedures of defendant during the pertinent period”
I always thought when a firm billed by the hour, the work product was supposed to be better. #Alternativefacts not by Sean Spicer.
5 Responses
Jason I see nothing wrong with the work of this fine defense firm
Stop nodding your head. I saw you nodding your head.
Sun where the hell is rogak? Kurt lundgren? Square badge/square pants
roy mura … forget him … he’s addition through subtraction.
am i old.
just did a no fault euo today … is my career advancing or going backwards
i remember when they offered a course in no fault in law school. i said the hell is that and do any lawyers make a living in it? its nobody’s fault. what is there to fight over.
i am now committed once again to suing for a declaration that no fault is unconstitutional.
i want the insurance companies to cry out — “we need no fault … we want to rape … i mean take care of the citizens of this great state.”
Sean Spicer is a decent and honest man, I find your comparison to a certain firm to be a compliment. A carrier would not lie and say something was done when it wasn’t. We are tasked with protecting our insured’s. If we say something the court should take it on face value.
If you think you have a good faith argument for a modification or extension of the law you appeal. And you keep pushing. hell it took years for brown to undo the genius of the supreme court in plessy.
it took a war to undo dred scott.
But spicer being a decent man and honest man — take another hit of the crack pipe.
and insurance companies have but one value — profits; i think democrats and republican citizens can agree on that. hell a democrat owns the biggest car insurance company.
I am going to do it. no fault will fall. its the only way i can get out. i am like bill murray in ground hog day. i have to kill that ground hog.