Dassa Orthopedic Med. Servs. PC v Amica Mut. Ins. Co., 2019 NY Slip Op 51664(U)(Civ. Ct. Kings Co. 2019)
“The police report indicates that the subject accident occurred in New Jersey between a pedestrian who resided in New York and a New Jersey driver driving a vehicle registered in New Jersey. “
“In the case at bar, defendant submits no admissible evidence to establish its policy does not cover the subject incident. Ms. Outhouse’s affidavit states defendant’s policy does not cover the subject incident based on her review of the claim file. However, she does not specify what records she reviewed, including whether she even reviewed defendant’s subject insurance policy at issue. Ms. Outhouse further makes no attempt to establish the foundation of any reviewed records nor proffer the records for the court’s review. In fact, Ms. Outhouse does not even state whether she reviewed defendant’s subject insurance policy, nor does she submit a copy in support of defendant’s motion. “
[Defendant loses motion]
So a few questions. 1) Why wasn’t the dec page (in admissible form) presented? 2) Why wasn’t the policy (in admissible form) presented? 3) Why didn’t Defendant move to compel arbitration under NJ law?
These are the things I do not understand. Amica is a good insurance company; they deserve better.
