Mailing & Proof of Mailing
Proof of proper mailing of denial letters, EUO notices, and IME scheduling letters is critical. Courts scrutinize affidavits of mailing and office mailing procedures with increasing rigor.
47 articles from 2009–2021 · 0 current · 1 reviewed case notes · by Jason Tenenbaum
Start here
The explainer for this topic. Read it first; the articles below go deeper on single issues.
How the firm handles these matters
Reviewed case notes by year
Notes on decisions from earlier years that the firm has re-read against current law. Each note states when it was last reviewed and what has changed since.
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2021 (1)
2019 (1)
2018 (3)
2017 (3)
2016 (4)
2015 (3)
2014 (9)
- First class mail is sufficient even when certified mailing is returned
- Mailing and the first time “objective” has landed in a medical rational case
- On receipt and mailing
- Mailing and denial issues
- Proving Timely Mailing of a No-Fault Denial: The Litigation Examiner's Affidavit
- Where did 4518 come from?
- Mailing from the Court of Appeals – kind of important
- Mailing challenge unpreserved
- No personal knowledge of the practice and procedure to mail the suspension notice results in vacatur of conviction
2012 (5)
- Certified Mail and the Presumption of Mailing in New York No-Fault Litigation
- How do you overcome the presumption of mailing?
- Mailing not proven through witness that was not present when items was deposited into the trusty USPS
- Rebutting the Presumption of Receipt: GEICO v Morris and Proof of Non-Receipt in New York
- Mailing Discrepancies and Proving Non-Receipt of a No-Fault Claim: Vincent Medical v Clarendon
2011 (4)
2010 (8)
- The Appellate Division weighs in on the mailing paradigm
- I was employed with [BLANK] when the mailing activity occurred
- There is no need to specify the particular date a denial was mailed on the affidavit
- What went wrong here?
- Be careful what you ask for: Discovery by summary judgment motion
- Inconsistencies in the proof of mailing end plaintiff's quest for summary judgment
- A tongue twister from the Fourth Department
- Proof of actually mailing an item certified mail RRR is sufficient to prima facie demonstrate proper mailing of an item
Frequently asked questions
Why is proof of mailing important in no-fault litigation?
Proof of mailing matters because many no-fault defenses depend on showing that a denial, verification request, or examination notice was actually sent on time. Under 11 NYCRR 65-3.8(c) the insurer must pay or deny a claim within 30 calendar days after receiving proof of claim, so an insurer that cannot prove a timely mailing loses that defense. Courts presume a properly mailed notice was received once the sender proves its office mailing practice. In Thibeault v Travelers Ins. Co., 37 AD3d 1000 (3d Dept 2007), a denial of receipt alone did not rebut the presumption, but proof that the address used was incomplete and undeliverable raised a question of fact.