Appellate Division, Second Department
Apr 3, 2024
2024 NY Slip Op 01801
Insurer prevailed
The injured claimant's no-fault claim was dismissed for untimely notice to the self-insurers without a clear and reasonable justification. The Appellate Division, Second Department, affirmed dismissal of the supplemental complaint under CPLR 3211 (a) (7). The pleading alleged that the claimant submitted a no-fault application more than 30 days after the bus accident. Under 11 NYCRR 65-2.4 (a) and (b), timely written notice or written proof of a clear and reasonable justification for delay was a condition precedent to an action against the self-insurers. The claimant's opposition submissions failed to demonstrate that such proof had been provided.
Trial court, First Department
Apr 4, 2024
2024 NY Slip Op 50436(U)
Insurer prevailed
An assignor who appears for an EUO must sign the transcript on request even if the insurer has not proved its EUO request timely. The Supreme Court, New York County, granted the insurer summary judgment against four provider assignees in its coverage action. Under 11 NYCRR 65-1.1 and binding First Department precedent, failure to sign and return the transcript breached a condition precedent to coverage, unaffected by denial untimeliness. Although the insurer had not established timely EUO scheduling, the assignor appeared with counsel, and signing enabled later evidentiary use. Mailing proof established failure to sign and return the transcript without contrary evidence. The court rejected prematurity under CPLR 3212 (f) because the providers had not pursued discovery responses, while expressing doubt about the binding coverage characterization.
