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Judge Markey http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=56969 IN SIX CONSOLIDATED cases, defendant insurers served discovery notices on plaintiffs assignee medical providers of no-fault first party benefits and sought to strike plaintiffs’ complaints for failure to respond. In all six motions, however, insurers failed to attach copies of the denial of claim form or timely demand for verification. In a case of first impression, the court held that an insurer’s failure to include one of these in a discovery motion, without justifiable and compelling reason for exclusion, will be per se grounds for denial. It noted that discovery demands can only be adjudicated if the denial of claim specifically stated and preserved a ground. As opposed to common law actions where permissibility of a discovery demand can be determined by reviewing the pleading, in a no fault case, it opined, the fact that an affirmative defense is contained in the answer is of little significance if the defense was not stated with “high degree of specificity.”

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