Opinion
570140/06.
Decided June 29, 2006.
Defendant appeals from an order of the Civil Court, Bronx County (Francis M. Alessandro, J.), entered January 17, 2006, which granted plaintiff's motion for summary judgment.
Order (Francis M. Alessandro, J.), entered January 17, 2006), reversed, with $10 costs, motion denied, and matter remanded to Civil Court for further proceedings.
PRESENT: DAVIS, J.P., GANGEL-JACOB, SCHOENFELD, JJ
An insurer is not obligated to pay or deny a claim until it has received verification of all relevant information requested ( see 11 NYCRR 65.15[g][1][I]; 2[iii]; Elite Chiropractic Servs., PC v. Travelers Ins. Co., 9 Misc 3d 137 [A], 2005 NY Slip Op 51735[U] [2005]). While plaintiff states that it responded to defendant's verification request, no presumption of mailing was created because the affidavit of plaintiff's representative neither stated that she actually mailed the verifications to defendant nor described plaintiff's mailing office practice and procedures. Since plaintiff's submission was insufficient to raise a presumption of receipt ( see New York and Presbyterian Hospital v. Allstate Ins. Co., AD3d [2006], 2006 NY Slip Op. 03558), its motion for summary judgment should have been denied.
This constitutes the decision and order of the court.