New York Hosp. Med. Ctr. of Queens v. Motor Vehicle Accident Indemnification Corp.

The Appellate Division, Second Department held in this case that the requirement that an insurer either pay or deny a claim within 30 days of receipt of a claim for reimbursement for treatment for injuries arising out of an automobile accident applied to the Motor Vehicle Accident Indemnification Corporation (see State Insurance Department for good explanation of MVAIC). Notably, the Second Department also held that MVAIC’s failure to object to the adequacy of the plaintiff’s claim form within 10 days of its receipt constituted a waive of any defense concerning the claims contained thereon.