2 Replies Latest reply: Jan 17, 2019 10:32 AM by Michael Resko

Allay Med Serv v Nationwide- Civil Kings case.

Charles Sloane
Visibility: Open to anyone

Just saw this decision in the NYLJ. Motion made by carrier to uphold EUO no show defense.  Court, on its own in C-K denied motion based upon the fact that the affidavit by claims "did not indicate if the envelopes are addressed by a computer program or by an employee, how the envelopes are addressed to ensure the accuracy of the recipients address, and in what manner the envelopes are weighed and affixed with the proper postage using the "mail machine"."  Isn't this getting into the weeds just a bit too much. It doesn't even mention that the applicant (plaintiff) raised any of these concerns.  While I can appreciate that the carrier must prove sufficient mailing, there are easier ways to show that the letter wasn't properly sent, i.e. wrong address, missing a zip code, lack of apartment number, NF-2 address doesn't match letter, AOB doesn't match letter.  This, IMHO, takes it a little too far.  Thoughts?