Brooklyn, NY asked in Contracts for New York

Q: When submitting a grievance or appeal electronically to an Insurer, when is receipt received? Please applicable law.

I submitted electronic appeals (Monday- Sunday) on my Insurers website a Public Site. I also submitted appeals by USPS Certified Mail.

a) Electronic Appeals: I received acknowledgment with a URL, date, and time stamp for the electronic submission. When would electronic receipt make sense?

b.) Appeals/Grievances filed by Mail - I received a notification from the U.S. Postal Service when the appeal/grievance was available for pickup versus physically picked up. When would U.S. Postal Certified Mail make the most sense- the date the Insurer is notified the package is available for pick up? Otherwise the Insurer could extend the deadlines by just avoiding pickup.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: When it comes to correspondence outside of formal pleadings (whose timetables are governed by the NY CPLR), the terms and conditions on these settings could sometimes be set the entities involved. One option to ask the insurer if they accept receipt (for which you already have digital acknowledgement through the time stamp) through the site, and if you have complied with their appeal submission requirements. If there is a large sum at stake and you have doubts, another option is to review the file with an attorney to determine if you need to take additional measures. Good luck

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