Best Consumer Protection Lawyers in Syracuse, NY

Notice of Claim. This short post describes another common trap imposed by disability insurance policies on unwary individuals. Most policies require written notice of the intention to file a claim within a specified period of time—generally 60 days—after the date of a potential qualifying loss, or as soon thereafter as reasonably possible. Failure to comply with this requirement can preclude an award of benefits. In many states, insurance carriers must demonstrate that they were prejudiced by the lack of timely notice to invalidate a claim. That is not the case in New York, where the failure to provide a timely notice of claim constitutes a complete defense to coverage regardless of whether the carrier was prejudiced. Even in New York, there are instances where an untimely notice of claim will not be fatal. If, for example, it is not reasonably possible to comply with the requirement due to the nature of an individual’s disability or some other legitimate reason, late notice is permissible. However, there is ample disagreement about what constitutes a legitimate excuse for not filing a timely notice. Lack of awareness of the requirement is generally not a defense. Anyone who fails to comply with the notice of claim requirement may preclude his or her chance of recovery. The safest course of action is to file a formal, written notice of claim as soon as possible in conformity with the requirements of the policy.