Keith v. Liberty Mutual Fire Ins. Co

In Keith v. Liberty Mutual Fire Ins. Co., 118 A.D.2d 151 (2d Dept 1986) the insurer was four business days late in requesting verification of hospital records. The Appellate Division, Second Department held that the insurer's thirty calendar days to pay or deny the claim must be reduced by four days, leaving twenty-six days. Id. However, the Appellate Division applied the insurer's follow-up requirements for verification requests set forth in our current regulations, 11 NYCRR 65-3.6(b), which may be excluded by the plain wording of the regulation.