New Millennium Med. Imaging, P.C. v 21st Century Ins. Co., 2022 NY Slip Op 50605(U)(App. Term 2d Dept. 2022)
“In opposition to defendant’s motion, plaintiff demonstrated that it had initially sent the claim form at issue to a different insurance company, and that, after plaintiff learned, approximately one year later, that [*2]the information it had regarding the insurance company covering the accident was incorrect, it sent the claim form to defendant. However, plaintiff did not establish a reasonable justification for initially submitting the claim form to the wrong insurance company, given that the claim form which plaintiff alleged it submitted to the wrong insurance company bore defendant’s name and address. As a result, plaintiff did not establish that it had provided defendant with a reasonable justification for its untimely submission of the claim form to defendant.”
I suspect the initial claim form had the incorrect insurance carrier, however, that claim form was not included in the record.
