EUO no-show (case #3)
Long Island court case analysis: Points of Health v Lancer Insurance on EUO scheduling letters, timely mailing procedures, and no-fault claim denial defenses.
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July 2010 Articles
15 articles published in July 2010
EUO no-show (case #2)
Court ruling on EUO no-show defense requirements in NY no-fault cases, emphasizing timely scheduling letters and proper affidavits to toll claim periods.
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IME no-show (case #1)
Marina v Praetorian case analysis: NY Appellate Term rules on IME no-show appeals, establishing prima facie requirements for insurers and claimant defense strategies.
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Use and Operation – Should the SUM endorsement be read differently than the no-fault endorsement?
Analysis of use and operation coverage differences between SUM endorsement and no-fault PIP endorsement under New York insurance law.
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Notice to Admit is successful in District Court
District Court allows Notice to Admit to satisfy prima facie burden in no-fault case, despite Second Department precedent requiring business records foundation.
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This one takes the cake
Attorney Jason Tenenbaum criticizes a 2010 Nassau District Court decision in Dynamic Medical Imaging v State Farm, calling it legally flawed and against established precedent.
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Amendment of bill of particulars on the eve of trial is allowed
New York Appellate Term rules that amending a bill of particulars on the eve of trial requires judicial discretion exercised in a "discreet, circumspect, prudent and cautious manner."
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Failure to appear for trial allows the complaint to be dismissed WITH prejudice
New York court case demonstrates how failure to appear for trial can result in complaint dismissal with prejudice, highlighting the importance of calendar control in litigation.
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Consolidation and belated discovery denied
Court denies consolidation and amendment motions in no-fault insurance case, ruling on discovery procedures and fraudulent incorporation claims.
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They sunk their own battleship
Personal injury defendants must carefully review medical records before using them as evidence, as plaintiff's own treating physician reports can backfire and establish serious injuries.
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The minimum that an affidavit must contain
Learn the minimum requirements for a valid affidavit in New York courts, including essential language and notarization standards from recent case law.
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Give it up already?
Appellate Term Second Department reaffirms acupuncture services reimbursable at chiropractor rates under NY no-fault insurance law, rejecting invalid defenses.
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A signifcant knee surgery does not defeat the 5102(d) serious injury threshold
Court rules knee surgery including ACL reconstruction doesn't meet NY serious injury threshold when medical records show full strength and range of motion post-surgery.
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No-Fault Legislation – the other type
New York passes no-fault divorce legislation in 2010, allowing divorce based on irretrievable breakdown. Brief analysis of the new law's requirements and provisions.
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Why don't Defendant's start to use the Notice to Admit to establish their Prima Facie? Am I missing something?
Exploring whether defendants can use Notices to Admit to establish prima facie cases in New York no-fault insurance litigation and departmental differences.
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