A QUESTION

I received a question from a reader regarding the timing of verification requests. Rather than answer it myself, I’ll put it to the rest of the readers.

The question referred to North N.Y. Med. Care, P.C. v New York Cent. Mut. Fire Ins. Co., 2008 NY Slip Op 51557(U) (App. Term, 2d).

Pertaining to the Verification, it’s noted “Where, as here, defendant requested additional verification 12 business days after receiving plaintiff’s NF-3 claim form, the 30-day period within which defendant was required to pay or deny plaintiff’s claim was correspondingly reduced to 28 days” However, it’s not clear to me if the usage of “business days” above is coincidental (i.e., business and calendar days were the same in that instance) or meaningful (i.e., indicating that verification beyond the 10 business days is also counted in business days). For example, if the 10 business days were up on a Friday, do we ignore or count Saturday and Sunday in our calculation with respect to the days deducted later from the 30 calendar days allowed following receipt of the verification.

I look forward to your input.

Ron Vianu

Transcion
1504 James Street
Syracuse, NY 13203

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