Lida’s Med. Supply, Inc. v MVAIC, 2019 NY Slip Op 51618(U)(App. Term 2d Dept. 2019)
” Since MVAIC established that there had been no timely filing of a sworn notice to make claim (see Insurance Law § 5208 [a]), plaintiff’s assignor is not a “covered person” (Insurance Law § 5221 [b] [2]). Thus, a condition precedent to plaintiff’s right to apply for payment of no-fault benefits from defendant has not been satisfied”
When is a condition precedent really a condition precedent? Always interesting.
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One Response
Well, if coverage really Can’t be established until something occurS… I’d guess most claims that don’t directly stem from an insurance contract more or less directly (including, but not limited to, MVAIC) have actual preconditions that need to be met in order to establish coverage.