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No Fault on Timely Mailing

December 20, 2014
By: Frank Scahill

Only in the world of No-Fault litigation can he issue of timely mailing of a document launch thousands of lawsuits with an equal number of Court decisions.

The timely mailing of a claim for No Fault Benefits was addressed by the Appellate Term, First Department, on December 15, 2014 in Medcare Supply, Inc., Farmers New Century Ins. Co., 45 Misc.3d 135(A). Here, the carrier prevailed in the lower court with an affidavit from an employee indicating his familiarity in mailing procedures at the office and denying receipt of the claim. The Appellate Term reversed noting, "Although the affiant averred that there was no record of the underlying no-fault claim in his office's paper and computer files, he professed no personal knowledge of the practice and procedures put in place by defendant in connection with the handling of no-fault claims sent to its Oklahoma City office, the designated mailing address for the submission of such claims (see Westchester Med. Ctr. v. Philadelphia Indem. Ins. Co., 69 AD3d 613, 614 [2010] )."

In addition, "In any event, plaintiff, in opposition, raised a triable issue as to the mailing of the claim by producing a stamped mailing certificate tending to support its assertion that it timely mailed the no-fault claim to defendant at its designated Oklahoma City address (see LMK Psychological Servs., P.C. v. Liberty Mut. Ins. Co., 30 AD3d 727 [2006]; Badio v. Liberty Mut. Fire Ins. Co., 12 AD3d 229 [2004] )."

With No-Fault Trials now being adjourned well into 2017, is it possible the legislature or the Commission of Financial Services will revamp Regulation 68 in 2015?

See below from Testimony of The Medical Society of the State of New York Before The New York State Assembly Committee on Ways & Means and Senate Finance Committee on the Governor's Proposed Public Health Budget for State Fiscal Year 2014-2015:

"Staged automobile accidents leading to fake injuries, billing for testing or treatment which was not required or never occurred, and the criminal networks which may include various healthcare providers, insurance adjustors, attorneys, automobile repair shops, and others who promulgate such illegal behavior should and must be eradicated, with the need for legislation which will lead to effective prosecution."

Read the decision here.

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