Judge Katherine Levine
The court noted a novel issue was presented at trial of whether a bill from medical equipment company Jamaica Medical Supply presented for rental of equipment constituted a reasonable justification for its untimely submission of written proof of claim. Jamaica sought to recover for supplies it rented to its assignor. Insurer GEICO denied the claim alleging Jamaica violated an endorsement within the revised no-fault regulations by failing to submit its proof of claim for services to GEICO within 45 days from date services were rendered. Jamaica asserted it could not send the bill to GEICO until the rental was complete. Yet, the court stated as Jamaica conceded that case law and state durable medical equipment (DME) guidelines mandated that the date of services be the date supplies were dispersed, it could not argue that its 45 days to submit a claim ran from the date rental equipment was returned. Also, it noted as both rented DMEs were returned within the 45 day period it was possible for Jamaica to still timely submit its claim forms to GEICO. Hence, the court ruled GEICO followed the regulations and Jamaica failed to respond to GEICO's request at the claims phase, therefore, Jamaica could not interpose its justification at trial, and the complaint was dismissed.
