MVAIC issues

No timely notice of claim or leave to file a late notice of  claim

SML Acupuncture P.C. v MVAIC, 2017 NY Slip Op 50539(U)(App. Term 1st Dept. 2017)

(1) “MVAIC’s submissions in support of its motion for summary judgment established, prima facie, that there had been no timely filing of a notice of claim and that leave had not been sought to file a late notice of claim (see Insurance Law § 5208 [a],[c]), and, thus, a condition precedent to plaintiff’s right to apply for payment of no-fault benefits from defendant had not been satisfied”

(2)  “In opposition, plaintiff failed to raise any triable issue. MVAIC’s failure to timely deny the claim does not preclude it from asserting a lack of coverage defense”

Did not notify the police within 24-hours

Karina K. Acupuncture PC v MVAIC, 2017 NY Slip Op 50537(U)(App. Term 1st Dept. 2017)

Defendant MVAIC demonstrated entitlement to summary judgment dismissing this action for first-party no-fault benefits, having established that plaintiff’s assignor failed to comply with the statutory requirement that notice of the accident be given “to a police, peace, or judicial officer” within 24 hours of the occurrence (Insurance Law § 5208[a][2][A]). Defendant’s submissions include the notice of intent to make claim, which does not indicate when, if at any point, the underlying accident was reported to the police, and affidavits demonstrating that repeated requests were made to the assignor for proof that the accident was reported and that the assignor never provided such proof

Omega Diagnostic Imaging, PC v MVAIC, 2017 NY Slip Op 50568(U)(App. Term 1st Dept. 2017)

“The documentary evidence adduced at trial established that the assignor was not a covered person entitled to no-fault benefits from MVAIC because he failed to report the accident “to a police, peace or judicial officer” within 24 hours of the occurrence (Insurance Law § 5208[a][2][A]; Canty v Motor Veh. Acc. Indem. Corp., 95 AD2d 509, 511 [1983]; Pomona Med. Diagnostics, P.C. v MVAIC, 34 Misc 3d 131[A], 2011 NY Slip Op 52347[U][App Term, 1st Dept 2011]). Indeed, twelve days after the accident, the assignor responded to a question on the notice of intention to make claim form asking “when the accident was reported to the police,” by stating “no police w[ere] called” (cf. Matter of Country Wide Ins. Co. [Russo], 201 AD2d 368, 370 [1994]). Plaintiff failed to rebut this evidence by showing that the accident was, in fact, reported to the police within 24 hours or that it “was not reasonably possible to make such a report or that it was made as soon as was reasonably possible” (see Insurance Law § 5202[a][2][B]”

These are just not easy cases when the injured person seemingly goes out of his way or her way to make life miserable for their PI attorney.