In today's law journal…
Attorney Jason Tenenbaum discusses why the fee schedule defense in no-fault insurance cases is fundamentally flawed and unjust to medical providers and injured parties.
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September 2010 Articles
6 articles published in September 2010
Exageration of symptoms beats a threshold motion
New York court ruling shows that medical experts claiming symptom exaggeration must provide objective evidence to support their conclusions in no-fault threshold cases.
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She really was not an EIP
Court rules plaintiff must provide sufficient information on NF-2 forms to establish insured status in no-fault claims, highlighting coverage determination requirements.
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Summary judgment granted on EUO no-show defense – interesting analysis
Court grants summary judgment on EUO no-show defense in Dover Acupuncture v State Farm, analyzing First Department's approach to policy violations.
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Be careful what you ask for: Discovery by summary judgment motion
Learn how summary judgment motions in no-fault insurance cases can backfire on carriers when discovery rules work against them in medical necessity disputes.
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3211(a)(1) – does not apply to an EUO no-show defense
Court rules CPLR 3211(a)(1) cannot establish policy violation defenses in no-fault cases, highlighting the need for strategic motion practice in busy NYC courts.
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