Denial's Use of Non-Statutory Language Does Not Make it Invalid: Jason Loid v Merchants Preferred Insurance Company.

• Position: [COURTSIDE]

Jason Loid v Merchants Preferred Insurance Company Supreme Court, Erie County, index no. 806494/2018 Joseph R. Glowina, j

In a no-fault suit with several interesting issues, the Supreme Court has upheld a master arbitrator's ruling that Merchants Preferred Insurance Company timely denied a hospital bill.

Claimant was helping his friend use a pickup truck to pull down dead trees. The truck was insured by Merchants. The friend tied a strap around a dead tree and hooked it onto the truck's hitch ball. As the pickup truck's owner moved the truck in order to bring down the tree, the tree fell on the claimant, causing injuries that required surgery.

The accident occurred on 10/10/2014. Claimant retained counsel right away, but the first notice was provided to Merchants 34 days after the accident.

Strong Memorial Hospital sent a bill to Merchants for surgery that was performed on 10/20/2017. There was no evidence as to when or how the bill was sent, but Merchants received it on 12/23/2014. Merchants promptly denied the bill based on late notice of the accident. Merchants' denial language, according to claimant, deviated from the Regulations in that it stated that late notice would be excused upon a showing that it was "impossible" to comply with the time limit (the word "impossible" not being in the regulations).

Claimant filed for...