Reasonable excuse?
New York appellate court rules that clerical error alone cannot justify sending no-fault forms to wrong insurer, emphasizing strict compliance with 45-day claim requirements.
Read More →Timely notice of claim
15 articles by Jason Tenenbaum, Esq.
Timely notice
Court ruling reinforces 30-day notice requirement for no-fault claims, with insurance company successfully defending late notice denial under 11 NYCRR 65-1.1.
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Some doors have swung open
Court case analysis on timely notice requirements for no-fault insurance claims, examining whether NF-3 forms can serve as proper accident notice to carriers.
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The prejudice rule in action
Court applies prejudice rule when default judgment was vacated before insurer raised timely notice defense under Insurance Law § 3420(c)(2)(B).
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MVAIC created issue of fact
MVAIC's contradictory evidence about notice of claim filing created triable issues, demonstrating why defendants shouldn't introduce conflicting proof in no-fault cases.
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Written proof of loss is when it is mailed
Court rules that mailing written proof of loss satisfies 30-day notice requirement under NY no-fault insurance regulations, even if insurer receives it later.
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Chutzpah
Court rejects plaintiff's claim that certified mail was timely sent despite postmark showing late delivery in no-fault insurance notice case.
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Unitrin is now followed in the Fourth Department
Fourth Department follows Unitrin ruling on timely notice requirements, allowing default judgment when insureds fail to provide written accident notice as condition precedent.
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An oral notice of claim is deemed sufficient notice?
New York court rules oral notification sufficient for no-fault claims, raising questions about written notice requirements and trial strategy in insurance disputes.
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A 30-day notice case that went to trial
Expert analysis of Medical Select v Allstate - Nassau County case on 30-day notice requirements. Long Island no-fault attorney Jason Tenenbaum explains regulatory compliance issues. Call 516-750-0595.
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Judge Levine gets stringsighted by the Second Department
Second Department cites Civil Court decisions by Judge Levine on 30-day notice requirements in no-fault insurance, highlighting interesting case law hierarchy.
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The Court of Appeals discusses a condition precedent
Court of Appeals ruling on hospital NF-5 submissions and 30-day notification requirements under New York no-fault insurance condition precedent rules.
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consideration" an element to a late notice claim.
New York Court of Appeals ruling requires insurers to show "due consideration" when denying late no-fault claims, changing how prima facie defenses must be established.
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Contract of insurance is vitiated?
New York insurance law requires timely notice of claims. When insureds fail to provide proper notice, the entire insurance contract can be voided, leaving them without coverage.
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The first appellate case interpretting the one year rule
First appellate case interpreting New York's no-fault one year rule for treatment requirements - Marc Habif v Kemper Auto case analysis and key takeaways.
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