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Allstate Social Work & Psychological Svcs PLLC v GEICO Gen. Ins. Co. (2005 NY Slip Op 50024(U))
[*1]


Decided on January 17, 2005
Civil Court of the City of New York, Kings County

070376/04
Eileen N. Nadelson, J.
Plaintiff, a medical provider, instituted this action to recover first party no-fault benefits from Defendant insurer. Plaintiff moved for summary judgment, alleging that Defendant neither paid nor denied the claim within the statutorily mandated thirty-day period after receipt of the claims. Ins. Law sec. 5106; Regulations sec. 65-3.8.
Defendant, in opposition, claimed that the denials were timely on their face; however, Plaintiff argued that Defendant failed to provide legally sufficient proof of mailing the subject denials within the thirty-day period.
Defendant's proof of mailing consists of an affidavit from one of its employees who states that
file:///C|/Users/Peter/Desktop/NY/2/2005_50024.htm[4/21/2013 2:15:02 PM]
Allstate Social Work & Psychological Svcs PLLC v GEICO Gen. Ins. Co. (2005 NY Slip Op 50024(U))
it is part of her regular duties and responsibilities to handle claims filed for no-fault benefits. The affidavit goes on to state that she reviewed the records of the instant claim and based on that review, has determined that the denial was mailed on the date appearing on the denial form. She finally states that, "as per the regular course of business of this office, the bill was timely denied ."
[*2]
The question before the court, one that has caused much confusion and litigation, is the information that must appear on an affidavit of mailing to meet the requirements of New York's no

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