Solution Bridge, Inc. v State Farm Mut. Auto. Ins. Co., 2018 NY Slip Op 51648(U)(App. Term 2d Dept. 2018)
“Contrary to plaintiff’s contentions, defendant’s proof was sufficient to demonstrate prima facie that it had timely mailed initial and follow-up verification requests (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]); that it had not received the requested verification; and that it had timely denied the claim on that ground. However, as plaintiff further argues, the affidavit submitted by plaintiff in opposition to defendant’s motion was sufficient to give rise to a presumption that the requested verification had been mailed to, and received by, defendant (see id.). In light of the foregoing, there is a triable issue of fact as to whether plaintiff provided the requested verification.”
Has anyone sought to ask the Second Department to review these cases? i am hard-pressed to imagine that an affidavit without documentary support is sufficient to raise an issue of fact. Or, are we all sheep?
One Response
“i am hard-pressed to imagine that an affidavit without documentary support is sufficient to raise an issue of fact.”
oh you mean like mailing a denial within 30 days of receipt of proof of claim
or an IME report without the chaperone’s notes?