Good Samaritan Hosp. v MVAIC Ins. Co., 2022 NY Slip Op 51100(U)(App. Term 2d Dept. 2022)
(1) “In opposition, plaintiff failed to raise a triable issue of fact as to whether it provided defendant with a reasonable justification for its untimely submission of the claim, as plaintiff failed to explain why, after learning that there was no insurance covering the accident, it first submitted the claim to the assignor’s personal health insurer instead of MVAIC, and why it took months before it first purportedly sent the claim to MVAIC “
(2) “To establish this mailing, plaintiff neither presented an affidavit by one with personal knowledge of the mailing nor provided sufficient practices and procedures of mailing, but rather relied on a certificate of mailing, which, under the circumstances presented, was insufficient to fill in the gaps in plaintiff’s proof of mailing”
To me, the Court is transfixing factual issues into legal ones, Why shouldn’t a trial or evidentiary hearing be held on the reasonable excuse? Also, why isn’t a certificate of mailing, in the least bit, enough to raise an issue of fact? IMHO, poorly decided case.
