VERIFICATION – PARTIAL RESPONSE WITHOUT AN OBJECTION IS NOT ENOUGH

VERIFICATION – PARTIAL RESPONSE WITHOUT AN OBJECTION IS NOT ENOUGH

Here is one with potential wide ranging implications.  In Compas Medical, P.C., v. Travelers Insurance Company, 2016 N.Y. Slip Op. 51441(U), Plaintiff complied partially with the insurer’s verification request.  The Court said as follows:

 

Contrary to plaintiff’s contention, defendant was not required to pay or deny plaintiff’s claims upon receipt of a “partial response” to defendant’s verification requests (see 11 NYCRR 65-3.8 [a] [1]; [b] [3]; New York & Presbyt. Hosp. v Progressive Cas. Ins. Co., 5 AD3d 568, 570 [2004] [“A claim need not be paid or denied until all demanded verification is provided”]). To the extent that plaintiff asserts that certain of defendant’s requests were inappropriate, that argument also lacks merit, as plaintiff did not allege, much less demonstrate, that it objected to such requests during claims processing (see Rogy Med., P.C. v Clarendon Natl. Ins. Co., 43 Misc 3d 133 [A], 2014 NY Slip Op 50629[U], *2 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014] [“inaction is an improper response to a verification request, and therefore plaintiff’s objections regarding the requests will not now be heard”]).

 

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