Sunday, May 28, 2006
Track and Confirm Receipt Alone Is Not Proof of Mailing
In New York and Presbyterian Hospital, a/a/o Richard Udland, et al., v. Allstate Insurance Company, (Index No. 6510/04), 2006 NY Slip Op 03558, the Appellate Division, Second Department upheld denial of summary judgment on a cause of action where plaintiff sought to prove mailing solely based upon a Track and Confirm receipt without adequate support. "Here, no presumption of mailing was created because the affidavit of the plaintiffs' billing service representative did not state that he actually mailed the particular claim alleged in the second cause of action to the defendant ... or describe his office's practice and procedure for mailing no-fault claims to insurers."