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JCC Med., P.C. v Lancer Ins. Co., 2021 NY Slip Op 50485(U)(App. Term 2d Dept. 2021)

“In addition, the testimony of defendant’s no-fault claims examiner was sufficient to establish that the denial of claim forms were timely mailed (see St. Vincent’s Hosp. of Richmond [*2]v Government Empls. Ins. Co., 50 AD3d 1123 [2008]) to plaintiff notwithstanding that the no-fault claims examiner did not have direct supervisory authority over defendant’s mail personnel”

It is nice to see this line. What a far trip from “duty to ensure compliance” to “did not have direct supervisory authority”

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