VERIFICATION – AFFIDAVIT FROM PROVIDER CREATES A TRIABLE ISSUE OF FACT

VERIFICATION – AFFIDAVIT FROM PROVIDER CREATES A TRIABLE ISSUE OF FACT

Vladenn Medical Supply Corp. v. Travelers Insurance Company, Slip Copy, 2016 WL 1190368 (Table), 2016 N.Y. Slip Op. 50381(U).  An affidavit that the verification was mailed is sufficient to create a triable issue of fact that the verification was provided.  The Court said:

In support of its cross motion, defendant established that it had timely mailed its verification request and follow-up verification request (see St. Vincent’s Hosp. of Richmond v Government Empls. Ins. Co., 50 AD3d 1123 [2008]). Defendant also demonstrated prima facie that it had not received the requested verification and, thus, that plaintiff’s action is premature (see 11 NYCRR 65-3.8 [a]; Central Suffolk Hosp. v New York Cent. Mut. Fire Ins. Co., 24 AD3d 492 [2005]). However, in opposition to the cross motion, plaintiff submitted an affidavit from plaintiff’s employee, which affidavit was sufficient to give rise to a presumption that the requested verification had been mailed to, and received by, defendant (see Residential Holding Corp. v Scottsdale Ins. Co., 286 AD2d 679 [2001]). In light of the foregoing, there is a triable issue of fact as to whether this action is premature (see Healing Health Prods., Inc. v New York Cent. Mut. Fire Ins. Co., 44 Misc 3d 59 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2014]).

See also; Tam Medical Supply Corp. v. American Transit Ins. Co., Slip Copy, 2016 WL 1188198 (Table), 2016 N.Y. Slip Op. 50369(U).

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