Judge Michael Ciaffa
Insurer Allstate sought dismissal of plaintiff provider’s claims arguing it timely denied same as plaintiff’s assignors failed to submit written notice within 30 days of the accident. The court noted the validity of that late notice defense was the sole issue submitted for trial. It stated when an insurer denied a claim based on a failure to provide timely written notice of claim, or timely submission of proof of claim by the applicant, the denial must advise that late notice would be excused where the applicant could provide reasonable justification of the failure to give timely notice. The court noted while plaintiff failed to offer any excuse or explanation as part of the proof adduced at trial, it remained Allstate’s burden to establish its late notice defense in accordance with the regulations governing consideration of late claims. It stated Allstate could not prevail on a late notice defense unless it proved it satisfied its own obligations by providing the inured party with the required late notice advisory. It rejected Allstate’s late notice defense stating it could not maintain that a condition precedent was breached in the absence of proof Allstate’s denials included explicit notice to the applicants their late claims could be excused upon submission of a reasonable explanation for the delay.