Plaintiff given a second chance to correct the form of his papers
Court grants plaintiff's renewal motion to correct defective medical affirmations, allowing second chance to submit proper documentation in personal injury case.
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August 2010 Articles
8 articles published in August 2010
How did you know that you never received the requested verification?
New York courts require insurance companies to prove they never received verification documents with specific evidence and personal knowledge, not mere assertions.
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EUO letters were mailed and the Claimant failed to attend the EUO: summary judgment granted
New York court grants summary judgment when claimant fails to attend properly scheduled EUO after timely mailing of scheduling letters established proper notice.
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The spreadsheet was not in admissible form?
Court case analysis examining admissibility of business records and material misrepresentation in no-fault insurance policy procurement disputes in New York.
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Triable issue of fact found as to the issue of whether an injury was causally related to a motor vehicle accident
Court finds triable issue of fact on injury causation in motor vehicle accident case despite strong radiological evidence showing pre-existing degenerative condition.
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Wouldn't it be great if we could win them all?
Personal injury attorney Jason Tenenbaum reflects on mixed appellate court results, challenging misconceptions about defendant-friendly rulings in no-fault cases.
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Counterclaim based upon precludable fraud rebuffed
New York court rejects GEICO's fraud counterclaim in no-fault case, ruling claims precluded due to untimely denial of benefits on fraud grounds.
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A chiropactor may bill for manipulation under anethesia services – but you knew that already
Civil Court ruling confirms chiropractors can bill for manipulation under anesthesia (MUA) services in no-fault insurance claims with specific rate limitations.
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