The First Department has chimed in on MVAIC’s “qualified person” schtick.
Aronoff v Motor Veh. Acc. Indem. Corp., 2007 NYSlipOp 50958(U) (App. Term, 1st)
The 30-day requirement applies to defendant by the express terms of the
insurance regulation (11 NYCRR 65.15), and does not hinge upon whether the
injured person had been deemed a “qualified person” by defendant (see New York
Hosp. Med. Ctr. of Queens v Motor Veh. Acc. Indem. Corp., 12 AD3d at 430).
This is pretty much in line with the Second Department’s position. See, GMV Med. Supplies, Inc. v MVAIC, 2007 NYSlipOp 50601(U); Englinton Med., P.C. v MVAIC, 2007 NYSlipOp 50164(U).