Great Health Care Chiropractic, P.C. v Omni Indem. Co., 2013 NY Slip Op 51450(U)(App. Term 2d Dept. 2013)
“In support of its motion, defendant submitted affidavits of its litigation manager and the claims litigation manager of American Independent Insurance Company (AIIC) which sufficiently established defendant’s lack of coverage defense”
“Notably, the AIIC claims litigation manager attested that his company had issued the policy in question. Consequently, defendant demonstrated that plaintiff had sued the wrong insurance carrier and that defendant was not the carrier which covered the present accident.”
On this case, the carrier looks to have relied on the affidavit of a claims representative who stated that the insurance carrier was insured the adverse vehicle. Usually, the courts have held that an underwriter’s affidavit was necessary to make a prima faice showing of lack of coverage. This case seems to represent a break from prior precedent.