Key Takeaway
Queens County court rules 2% monthly interest continues on no-fault claims even after judgment entry, rejecting Appellate Term's suggestion of 9% annual rate.
This article is part of our ongoing interest coverage, with 12 published articles analyzing interest issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
B.Z. Chiropractic, P.C. v Allstate Ins. Co., 2019 NY Slip Op 50241(U)(Sup. Ct. Queens Co. 2019)
The Appellate Term “suggested” that interest runs at 9% per year after a judgment is entered. Supreme Court Queens County recognized that the Appellate Term’s statement was advisory at best. The Court has now held, probably properly, that 2% interest runs until the judgment is paid. While Allstate may appeal this decision, it is likely to be affirmed.
” The portion of Petitioner’s Petition seeking a declaratory judgment on the proper interest rate which accrues on first party no-fault benefits after the entry of judgment is decided as follows…At the time that the underlying claims were filed, said interest accrued at a compound rate. It is well settled that “with respect to interest on first party benefits due under the no-fault statute,…the Insurance Law supersedes the provisions for interest contained in CPLR 5002, 5003 and 5004 (Gov’t Emp. Ins. Co. v. Lombino, 57 AD2d 957, 959, 394 N.Y.S.2d 898 ) The policies of encouraging prompt payment of claims and reducing litigation outweigh limits on interest found elsewhere, See, Matter of McKenna v County of Nassau, Off. of County Attorney, 97 AD2d 440 (2d Dept 1983). The interest rate on No-Fault actions is intentionally punitive, with severe penalties in order to encourage prompt adjustment of claims. As such, the rate of interest is not reduced simply because the claim has been reduced to a judgment. While such claims remain overdue, they accrue interest at two percent per month. As such, plaintiff is entitled to a declaratory judgment recognizing same. “
Related Articles
- Post-judgment interest rates in no-fault cases: 24% vs 9% per annum
- Appellate Term’s advisory ruling on 9% post-judgment interest
- Understanding New York’s 2% interest rule on overdue no-fault claims
- Appellate Term’s significant error in interest calculations
- When interest was not tolled in no-fault cases
Legal Context
Why This Matters for Your Case
New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.
Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.
About This Topic
Statutory Interest on No-Fault Insurance Claims
Under New York's no-fault regulations, insurers that fail to timely pay or deny a claim are subject to statutory interest penalties — currently two percent per month under 11 NYCRR 65-3.9. The accrual of interest, the calculation methodology, and the circumstances that toll or trigger interest obligations are frequently litigated issues in no-fault practice. These articles examine the regulatory framework governing interest on overdue no-fault claims and the case law that shapes how interest awards are calculated and enforced.
12 published articles in interest
Keep Reading
More interest Analysis
Post judgment interest at 9%?
New York court clarifies post-judgment interest calculation at 9% per year in no-fault insurance cases, distinguishing between statutory rates and payment procedures.
Dec 18, 2018Interest was not tolled
New York appeals court rules that no-fault statutory prejudgment interest continues to accrue during litigation delays unless the plaintiff unreasonably caused the delay.
Feb 8, 2018Tolling of interest due to failure to prosecute
Delta Diagnostic case explains when no-fault statutory prejudgment interest tolling begins - court rules toll starts only after reasonable prosecution period ends.
Feb 5, 2018Is post-judgment interest in a no-fault case 24% per annum or 9% per annum?
Learn whether post-judgment interest in New York no-fault cases is calculated at 24% annually (CPLR 5004) or 9% annually, based on recent appellate decisions.
Sep 8, 2017Tolling of interest
New York no-fault insurance law on statutory interest tolling when providers delay prosecution of claims against insurers.
Sep 16, 2016This one fell under the radar
Expert analysis of NY PIP interest tolling under 65-3.9(d). Learn how procedural delays can cost thousands in Long Island & NYC cases. Call 516-750-0595.
Jan 17, 2012Common Questions
Frequently Asked Questions
What statutory interest applies to overdue no-fault claims?
Under 11 NYCRR §65-3.9, overdue no-fault claims accrue interest at 2% per month from the date the claim became overdue. A claim is overdue if not paid or denied within 30 days of the insurer receiving proof of claim. This interest is a powerful incentive for prompt processing.
When does interest begin to accrue on a no-fault claim?
Interest begins on the 31st day after the insurer receives all requested verification (or the date verification was due if the insurer failed to request it timely). If the insurer fails to pay or deny within 30 days, 2% monthly interest accrues automatically until payment.
Can the insurer avoid paying interest on late no-fault claims?
Only if the insurer can demonstrate a valid excuse for the delay — such as a pending verification request that was timely issued. If the insurer caused the delay through untimely processing or late denials, interest is mandatory and cannot be waived.
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About the Author
Jason Tenenbaum, Esq.
Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.
Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a interest matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.