Atlantis Med. v. Liberty Mut. Ins. Co

In Atlantis Med. v. Liberty Mut. Ins. Co. (2002 NY Slip Op 40043[U], N.Y.L.J., Apr. 5, 2002, at 21, col. 4 [Nassau Dist Ct 2002]) plaintiff, as an assignee, sought recovery of no-fault benefits. The defendant insurer's denial of claim form had been issued more than 30 days after plaintiff submitted the required no-fault verification forms. The insurer's "delay" letters explained that the assignor's accident and injuries were being investigated and sought a delay for completion of peer review. The insurer did not request additional verification. The court in Atlantis Med. simply held that an insurer's submission of a claim for "peer review" does not constitute a proper request for verification and cannot extend the 30 days to act on a claim provided by Insurance Law section 5106.