Evan Schwartz and Harold Levy published an article on cutting edge issues in the No-Fault insurance arena. The article describes the recent history of the interpretations of New York’s “30-day” rule which requires insurance companies to pay claims unconditionally when the insurer is late in requesting information or making a claim decision. The article demonstrates that a number of federal courts have diverged in their interpretation of the law from state courts, particularly New York’s highest court, the Court of Appeals. In discussing several recent decisions, the authors demonstrate how various decisions have failed to honor the clear mandate of the Court of Appeals. The injustice and difficulties are explained and explored, with the article concluding that two distinct bodies of law are developing, creating confusion and injustice.
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Evan S. Schwartz
Founder of Schwartz, Conroy & Hack