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The CPLR 3212(g) paradigm
Wave Med. Servs., P.C. v Hertz Vehs., LLC, 2022 NY Slip Op 50908(U)(App. Term 2d Dept. 2022_ The Civil Court’s language could also lend itself to
Statute of Limitations: 6 years when denial is received
New Millennium Med. Imaging, P.C. v GEICO, 2022 NY Slip Op 22300 (App. Term 2d Dept. 2022) Here is an issue I have not countenanced often.
Reasonable Justification for late submission
Stand-Up MRI of the Bronx, P.C. v MVAIC Ins. Co., 2022 NY Slip Op 50789(U)(App. Term 2d Dept. 2022) “In opposition to MVAIC’s motion, plaintiff demonstrated
It is personal knowledge again
SVP Med Supply, Inc. v GEICO, 2022 NY Slip Op 50775(U)(App. Term 2d Dept. 2022) “Defendant submitted the affirmation of an attorney who stated that she
The Declaratory Judgment Order v. The Civil Court order
First in time, first in right Hand By Hand, PT, P.C. v New York Cent. Mut. Fire Ins. Co., 2022 NY Slip Op 50774(U)(App. Term 2d
When interest clearly does not matter
When Desantis gets to appoint an entire kingdom of DCA judges, the wrecking ball to Florida PIP litigation is unleashed. This does not even take into
80% of the billed amount can be
PROGRESSIVE AMERICAN INSURANCE CO. vs BACK ON TRACK, L L C, A/A/O OPHELIA BAILEY, No. 2D21-541 (Fla 2d DCA 2022) (1) “The court entered an order
The failure to comply with record keeping requirements
“We hold that, where an insurer agrees treatments are medically reasonable and necessary, a failure to comply with the record keeping requirements governing the licensing of
Competing Assignees?
UNITED SERVICES AUTOMOBILE ASSOCIATION, vs LESS INSTITUTE PHYSICIANS, D/B/A LESSPINE INSTITUTE, A/A/O AMELIA F. STRINGER-GOWD, No. 3D21-157 (Fla 3d DCA 2022) We once heard of a
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The failure to attend IMEs is now considered a Chubb coverage defense
Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 2011 NY Slip Op 01948 (1st Dept. 2011) I would consider this matter the most precedential
Only in no-fault can a Civil Court JHO "reverse" the holdings of the Appellate Divisions and the Court of Appeals
You can find this case from the January 24, 2010 law journal, reproduced on David Barshay’s No-Fault Paradise. That said, I have three points I
The first pure Unitrin Appellate Term holding
Harmonic Physical Therapy, P.C. v Praetorian Ins. Co., 2011 NY Slip Op 51597(U)(App. Term 1st Dept. 2011) “In this action to recover assigned first-party no-fault