Triable issue of fact: 45-day rule
NY appellate court rules that insurance company's late receipt of claim forms creates triable issue of fact regarding timely mailing under 45-day rule.
Triable issue of fact: 45-day rule — Read Article →In-depth legal analysis from Attorney Jason Tenenbaum — covering court rulings, legal standards, and practical guidance on timely submissions of bills under New York law.
Legal Analysis
Timely submissions of Bills is a recurring topic in New York insurance and personal injury law. Attorney Jason Tenenbaum has published 17 articles analyzing timely submissions of bills issues, covering court decisions, legal standards, and practical strategies for practitioners and clients. Browse the collection below for in-depth legal analysis from a Long Island attorney with over two decades of experience.
These articles examine how New York courts have addressed timely submissions of bills questions across a range of factual settings. Attorney Tenenbaum analyzes specific case holdings from Nassau County District Court, Suffolk County courts, New York City Civil Court, and the Appellate Term, identifying the legal standards judges apply, the evidence required to meet those standards, and the procedural pitfalls that can derail otherwise meritorious claims. Each article is written for practicing attorneys and informed laypersons who need to understand the real-world application of New York statutes and regulations. The firm handles timely submissions of bills cases throughout Long Island, including Nassau County, Suffolk County, and all five boroughs of New York City, with a focus on delivering results-oriented representation grounded in real courtroom experience. For legal advice about a specific timely submissions of bills matter, contact the Law Office of Jason Tenenbaum at (516) 750-0595 for a free consultation. With over 24 years of experience and more than 2,353 published legal articles, Attorney Tenenbaum is one of the most prolific legal commentators in New York State, providing clients and fellow practitioners with the detailed case law analysis they need to make informed legal decisions.
Frequently Asked Questions
Under 11 NYCRR §65-1.1, healthcare providers must submit no-fault billing within 45 days of the date of service. Late submissions can result in denial of the claim. The 45-day rule is strictly enforced, though providers may argue reasonable justification for late filing in limited circumstances.
If a no-fault bill is submitted more than 45 days after treatment, the insurer can deny the claim as untimely. This defense must be raised on the NF-10 denial form. If the provider can show a reasonable justification for the delay, the denial may be overturned, but this is a difficult burden to meet.
The 45-day submission requirement applies specifically to healthcare providers submitting bills under no-fault. The injured person's application for benefits (NF-2) has a 30-day deadline from the accident. Different timelines apply to different types of claims within the no-fault system, so compliance with each deadline is critical.
NY appellate court rules that insurance company's late receipt of claim forms creates triable issue of fact regarding timely mailing under 45-day rule.
Triable issue of fact: 45-day rule — Read Article →
Court rejects healthcare provider's appeal of 45-day rule denial, finding their own papers proved claims were submitted late under 11 NYCRR 65-2.4(c).
45-day rule appeal was meritless — Read Article →
Court sustains late notice defense when medical provider failed to submit no-fault claims within required timeframe and couldn't prove valid excuse for delay.
Late notice defense sustained — Read Article →
NY court ruling emphasizes that healthcare providers must actively use regulatory safety valves when facing late notice denials in no-fault insurance claims.
Failed to avail itself of the opportunity afforded to it on the NF-10 — Read Article →
Court ruling shows insurance companies must provide detailed affidavits about mail handling procedures to prove 45-day rule violations in no-fault claims disputes.
45-day rule in action (or inaction) — Read Article →Need Legal Guidance?
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Easy Care Acupuncture v MVAIC case shows conclusory non-receipt statements insufficient to dismiss 45-day no-fault billing cases without proper search evidence
The conclusory statement of non receipt will not non-suit a 45-day case — Read Article →
Appellate Term finds insufficient excuse for late no-fault claim submission despite provider's proof of mailing to MVAIC first when insurer identity unclear.
The reason proffered by plaintiff was insufficient — Read Article →
Court denied excuse for late written notice when attorney failed to explain why claim was initially submitted to wrong carrier, establishing prima facie case for summary judgment.
Late written notice not excused — Read Article →
Court grants summary judgment under new prima facie interpretation for no-fault billing manager affidavit establishing timely claim submission within 45 days.
Summary judgment granted under the new interpretation of prima facie — Read Article →
Court of Appeals ruling on hospital NF-5 submissions and 30-day notification requirements under New York no-fault insurance condition precedent rules.
The Court of Appeals discusses a condition precedent — Read Article →
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.
consideration" an element to a late notice claim. — Read Article →
Aminov v Travelers case analysis: court finds insurer failed to prove non-receipt of claim forms despite provider's incomplete complaint documentation.
What went wrong here? — Read Article →
Court rules on 45-day submission rule for MVAIC claims, highlighting strict requirements for written justification when medical providers miss deadlines.
45-day rule – insufficiency of justification — Read Article →
Navigate strict 30-day and 45-day billing deadlines for Long Island and NYC providers. Expert legal guidance on untimely submissions. Call 516-750-0595.
The Provider is Under an Extremely Tight Leash to Explain Why a Bill Was Untimely Submitted: Essential Guide for Long Island and NYC Healthcare Providers — Read Article →
Understanding New York no-fault 45-day rule violations and reasonable justifications. Expert legal guidance from Long Island attorney Jason Tenenbaum.
45-days…and then what? — Read Article →
MVAIC's strict timing requirements create challenges for Long Island accident victims seeking no-fault benefits from uninsured drivers and hit-and-run cases.
TImely submissions and MVAIC – a real problem — Read Article →The Law Office of Jason Tenenbaum publishes detailed legal analysis on timely submissions of bills and related topics as part of an ongoing commitment to legal education and transparency. Since 2008, Attorney Tenenbaum has written over 2,353 articles examining how New York courts decide cases involving personal injury, no-fault insurance, employment discrimination, and complex litigation matters. Each article is based on an actual court decision and provides the kind of substantive analysis that practitioners and clients need to understand the current state of the law.
Attorney Tenenbaum brings over 24 years of New York litigation experience to every article. His practice spans Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He has handled thousands of cases involving insurance disputes, personal injury claims, and employment law matters, giving him a practical perspective that academic commentators often lack. The articles in this collection reflect that experience, offering readers insight into how judges actually apply legal standards in contested cases.
If you are dealing with a legal issue related to timely submissions of bills or any topic covered on this blog, the firm offers free initial consultations by phone or in person. Call (516) 750-0595 to speak with an attorney, or visit the contact page to submit a case review request online. No fee is charged unless the firm recovers compensation on your behalf. The firm's six attorneys bring over 112 combined years of legal experience and speak English, Spanish, Italian, Japanese, and Russian, ensuring clients can communicate in the language they are most comfortable with. Attorney Tenenbaum is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts, and he has authored more than 2,353 published legal articles that attorneys, judges, and insurance professionals across the state rely on for guidance.
New York's legal framework for timely submissions of bills matters involves an intricate web of statutes, regulations, and case law that has developed over decades. The state's court system — including the Civil Court, District Courts, Supreme Court, Appellate Term, Appellate Division, and Court of Appeals — each plays a distinct role in shaping how timely submissions of bills cases are litigated and decided. Trial-level decisions in Nassau County Supreme Court, Suffolk County Supreme Court, and the New York City Civil Courts establish important factual precedents, while appellate rulings create binding legal standards that all lower courts must follow.
The Civil Practice Law and Rules (CPLR) governs procedure in New York civil litigation and contains provisions that directly impact timely submissions of bills cases. CPLR Article 31 establishes the scope and methods of disclosure, including depositions under CPLR 3107, interrogatories under CPLR 3130, and document demands under CPLR 3120. CPLR 3212 provides the standard for summary judgment, requiring the movant to establish a prima facie case through admissible evidence and shifting the burden to the opponent to raise a triable issue of fact. CPLR 3215 governs default judgments, which require proof of service, proof of the facts constituting the claim, and proof of the amount due. Understanding these procedural tools is essential for anyone involved in timely submissions of bills litigation in New York.
Statutes of limitations vary significantly depending on the type of claim. General negligence and personal injury claims carry a three-year deadline under CPLR 214(5). Medical malpractice claims have a shortened two-and-a-half-year deadline under CPLR 214-a. Claims against municipalities require a Notice of Claim within 90 days under General Municipal Law Section 50-e. No-fault insurance claims have their own regulatory deadlines, including the 30-day filing window for applications and the 45-day submission period for provider claims. Employment discrimination claims under the New York State Human Rights Law generally have a three-year statute of limitations, while federal Title VII claims require EEOC filing within 300 days.
The Appellate Term and Appellate Division regularly issue decisions that clarify and refine the legal standards applicable to timely submissions of bills cases. The Second Department, which covers Long Island and parts of New York City, is particularly active in this area. Its decisions on evidentiary standards, burden-shifting frameworks, and procedural requirements directly affect how trial courts evaluate motions and how attorneys prepare their cases. Attorney Tenenbaum monitors these decisions and analyzes them in the articles on this page, providing practitioners with the timely legal commentary they need to stay current.
The Law Office of Jason Tenenbaum, P.C. is located at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746, centrally situated on Long Island to serve clients throughout Nassau County, Suffolk County, and the five boroughs of New York City. With over 24 years of experience and more than 1,000 appeals written, Attorney Tenenbaum combines deep legal knowledge with practical courtroom experience. If you need help with a timely submissions of bills matter, call (516) 750-0595 for a free consultation.
Successful outcomes in timely submissions of bills cases often depend on procedural compliance as much as substantive merit. In no-fault insurance litigation, the prima facie case standard requires the plaintiff to submit admissible evidence establishing the claim was properly submitted, overdue, and unpaid. If the defendant raises a defense — such as an IME no-show, EUO non-appearance, lack of medical necessity, or fee schedule dispute — the burden shifts to the plaintiff to present evidence creating a triable issue of fact. Summary judgment motions under CPLR 3212 require the movant to make a prima facie showing through affidavits, deposition testimony, or documentary evidence, and the opposition must raise a genuine factual dispute to avoid dismissal.
In personal injury cases, the discovery process is governed by CPLR Article 31 and involves depositions of parties and witnesses, exchange of medical records under CPLR 3121 authorizations, physical and mental examinations, and expert disclosure. Once discovery is complete, either party may file a note of issue certifying readiness for trial, after which a 120-day deadline applies for filing summary judgment motions under CPLR 3212(a). Motion practice often determines the outcome of cases before trial, and understanding the specific evidentiary standards applied by courts in your jurisdiction is essential. The articles on this page analyze these standards in detail, drawing on real cases litigated by Attorney Tenenbaum and decisions from courts across the state.
The firm serves clients throughout Long Island, including the towns and villages of Huntington, Babylon, Islip, Brookhaven, Smithtown, Hempstead, Garden City, Mineola, Great Neck, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, and Massapequa, as well as all five boroughs of New York City. Attorney Tenenbaum regularly appears in Nassau County Supreme Court, Suffolk County Supreme Court, the New York City Civil Court, the American Arbitration Association, the Workers' Compensation Board, and the Appellate Term and Appellate Division of the Second Department. If you need legal assistance with a timely submissions of bills matter or any topic discussed in these articles, call (516) 750-0595 for a free, confidential case evaluation.
The Law Office of Jason Tenenbaum, P.C. was founded in 2002 and has grown into one of Long Island's most respected personal injury, employment law, and insurance litigation firms. The firm's six attorneys — led by founding partner Jason Tenenbaum — bring over 112 combined years of legal experience to every case. The team speaks English, Spanish, Italian, Japanese, and Russian, ensuring that clients from diverse backgrounds can communicate in the language they are most comfortable with during what is often one of the most stressful periods of their lives.
Attorney Tenenbaum earned his Juris Doctor from Syracuse University College of Law and is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as the United States District Courts for the Eastern and Southern Districts of New York. He has written more than 1,000 appellate briefs, handled over 100,000 no-fault insurance cases, and recovered over $100 million in verdicts and settlements for injured individuals and workers throughout Long Island and New York City. His 2,353+ published legal articles on New York case law make him one of the most prolific legal commentators in the state, and his analysis is relied upon by attorneys, judges, and insurance professionals across all four Appellate Division departments.
The firm operates on a contingency fee basis for personal injury and employment discrimination cases, which means clients pay no attorney fees unless the firm recovers compensation on their behalf. Every consultation is free, confidential, and without obligation. The firm's centrally located Huntington Station office provides convenient access to Nassau County Supreme Court in Mineola, Suffolk County Supreme Court in Riverhead, the Nassau County District Court, Suffolk County courts in Central Islip, and the New York City Civil Court. Whether you need help with a car accident claim, a workplace discrimination complaint, a no-fault insurance denial, a workers' compensation dispute, or any other legal matter, the Law Office of Jason Tenenbaum, P.C. is ready to fight for your rights.
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Attorney Jason Tenenbaum has been writing about timely submissions of bills since 2008, drawing on 24+ years of practice. Get a free, confidential case evaluation.
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