Excel Prods., Inc. v Ameriprise Auto & Home, 2021 NY Slip Op 50435(U)(App. Term 2d Dept. 2021)
“As a result, defendant established its prima facie entitlement to summary judgment dismissing the complaint (see Interboro Ins. Co. v Clennon, 113 AD3d at 597). Defendant did not need to toll its time to pay or deny the claims at issue, as they were denied within 30 days of defendant’s receipt of same, and the EUOs had been scheduled prior to defendant’s receipt of plaintiff’s claims. Consequently, plaintiff’s contention that defendant needed, but failed, to demonstrate that the EUO scheduling letters were timely mailed after defendant’s receipt of the NF-2 form lacks merit and is contrary to Insurance Law article 51 and the regulations promulgated thereunder”
I post this here because of the NF-2 confusion that plays out. 2x no show prior to receipt of bill + timely disclaimer = loser.