Wednesday, October 25, 2006
More on Mailing
I've discovered that, on October 2, 2006, NYLJ published an article entitled 'Proper Proof of Mailing Under N.Y. No-Fault Law' by Mitchell S. Lustig and Jill Lakin Schatz. Although quite well-written, I think the authors missed the boat on the quiet death of the "ensured compliance with" requirement, as discussed in yesterday's post, although the authors do cite to and discuss Ava Acu. and Gribenko. I also think, respectfully, that the authors are out of their cotton-pickin' minds to suggest that the carriers obtain a USPS Certificate of Mailing for every NF-10. It's one thing for a carrier to do so for VTL § 313 policy cancellation, as the volume there is surely a tiny fraction of the number of NF-10s that get processed and mailed throughout New York on a daily basis. I think the Certificate of Mailing idea is so impractical as to be of no utility. Nevertheless, I certainly do appreciate the effort put into the article and the opportunity to hear differing opinions.