Thursday, March 12, 2009

Richmond Civil Holds that Obligation to Notify Applicant of Reason for Claim Delay Does Not Apply to Pre-Claim EUOs

Prime Psychological Servs., P.C. a/a/o Andrea Ortiz v. Nationwide Prop. & Cas. Ins. Co.

(NYC Civil, Richmond Co., decided 3/5/2009)

Posted yesterday to the New York Official Reports is this decision from Richmond County New York City Civil Court Judge Katherine Levine, addressing the "novel issue of whether the notice requirements for verification requests, as contained in 11 NYCRR §§ 65-3.5 and 3.6, apply to examinations under oath... that are noticed prior to the insurance company's receipt of claim forms[.]"  Judge Levine says no, 11 NYCRR § 65-3.6(b)'s requirement that a no-fault insurer notify an applicant and the applicant's attorney why the claim is delayed by identifying in writing the missing verification and the party from whom it was requested does not apply to pre-claim EUOs. 

I'll fill in the rest later.

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