Non receipt
New York court case highlights importance of proper documentation when resubmitting no-fault insurance claims to avoid summary judgment dismissal.
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12 articles by Jason Tenenbaum, Esq.
Partial summary judgment cannot be granted on non-receipt
Court rules partial summary judgment cannot be granted when one party claims mailing and another denies receipt, creating triable issues of fact in insurance disputes.
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No show and non receipt
New York court clarifies when IME rescheduling constitutes failure to appear and establishes mail delivery presumption standards for no-fault insurance claims.
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Mailed to the wrong address – okay
Allstate v. Longevity Medical Supply case analysis - court confirms master arbitrator award despite wrong mailing address argument under NY No-Fault law
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Non-receipt defense prevails
Court rules on non-receipt defense in no-fault insurance case where defendant successfully proved they never received claim form, highlighting e-filing benefits.
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Triable issue of fact as to submission of claim
Court finds triable issue of fact exists when insurance company claims non-receipt of claim form but provider has proof of mailing. Untimely submission alone doesn't warrant dismissal.
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Non receipt and verification
Court ruling on non-receipt denials and verification requirements in NY no-fault insurance claims, including burden of proof standards for medical providers.
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On receipt and mailing
Analysis of Medcare Supply v Farmers decision on no-fault insurance mailing requirements and affidavit standards for proving receipt and non-receipt of claims.
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Again – a mere denial will not rebut proof that a verification demand was mailed
Court ruling clarifies that mere denial of receiving verification requests cannot overcome legal presumption of proper mailing in no-fault insurance cases.
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How do you overcome the presumption of mailing?
Learn how to overcome mailing presumptions in NY no-fault insurance cases. Expert analysis of court requirements for affidavits and proof standards.
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What went wrong here?
Aminov v Travelers case analysis: court finds insurer failed to prove non-receipt of claim forms despite provider's incomplete complaint documentation.
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Affidavits of Non-Receipt and Default Judgment Procedures in NY Personal Injury Cases
Learn NY requirements for affidavits of non-receipt to vacate default judgments in personal injury cases. Expert CPLR guidance. Call 516-750-0595
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