AB Quality Health Supply Corp. v Nationwide Ins., 2022 NY Slip Op 50299(U)(App. Term 2d Dept. 2022)
“The Civil Court held that there is an issue of fact as to whether the EUO scheduling letters were properly mailed to plaintiff’s assignor. While the address on the scheduling letters to the assignor matched the address on the NF-3 forms plaintiff had provided to defendant, it did not match the address set forth on the assignment of benefits form.”
” Moreover, we find, contrary to the determination of the Civil Court, that, since the address to which defendant mailed the EUO scheduling letters to the assignor matched the address contained on the NF-3 forms plaintiff provided to defendant, defendant established, prima facie, that the letters had been properly mailed to plaintiff’s assignor”
To beat this motion, Assignor would have had to provide an affidavit that his/her address was found on NF-2 (s)he signed and the NF-3 address had no basis in reality. And even then, if the notice was mailed to the PI attorney, the assignor may lose on agency theory.
Now let me share some reality. With an attorney of 20% and a standard NF bill (no retainer), I am not going out of my way to disrupt Defendant’s summary judgment motion. At $450-$650 per hour, the assignor will be located and will sign the appropriate affidavit if the facts fit it.
