23 articles published in October 2010
NY appellate court rules motions to strike expert witness disclosures are evidentiary rulings not appealable until final judgment, affecting biomechanical engineer testimony.
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Analysis of Active Imaging v Progressive case where Appellate Term rejected challenge to medical necessity motion based on peer report without underlying medical records.
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Nassau County District Court ruling on IME cut-offs and medical necessity burden of proof in no-fault insurance claims - analyzing flawed legal reasoning.
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New York no-fault insurance statute of limitations begins 30 days after claim form receipt, not denial date. Court clarifies SOL rules for medical providers.
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New York Court of Appeals rules that collateral estoppel does not prevent arbitrators from reaching different conclusions on same issues in no-fault vs SUM arbitrations.
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New York court rules that partial compliance with additional verification requests renders no-fault insurance lawsuits premature, requiring complete response to all items.
Read More →![I was employed with [BLANK] when the mailing activity occurred](https://cdn.jtnylaw.com/blog/i-was-emoloyed-with-blank-when-the-mailing-activity-occurred.avif)
New York court ruling shows insurance companies must prove proper mailing procedures through qualified witnesses who were actually employed during the relevant time period.
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Learn the proper mechanism to vacate summary judgment granted on default through CPLR 5015(a) motions vs renewal motions in NY no-fault insurance cases.
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New York court rules on vacating default judgments based on intrinsic fraud - defendant must show reasonable excuse for default under CPLR 5015(a)(3).
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Cuomo v Ferran case explores mobile dental treatment fraud and no-fault insurance implications involving converted Greyhound buses used as mobile dentist offices in New York.
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Court ruling on DWI defense to no-fault benefits requires proof of causation, not just intoxication. Westchester Med. Ctr. v Government Employees case analysis.
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Court denies lack of causal relationship motion when plaintiff was asymptomatic before motor vehicle accident, despite prior injuries and degenerative changes.
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MVAIC faces setbacks at Appellate Division as courts consistently rule against its coverage defenses, requiring proof of lack-of-coverage claims in NY no-fault cases.
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Court compares CPLR 3216 motion standards to summary judgment opposition burden, highlighting conflicting departmental approaches to meritorious cause requirements in NY litigation.
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Pan Chiro case continues to be cited in NY no-fault insurance medical necessity disputes, showing how poor affidavits of merit fail against proper peer review reports.
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Court rules that insurance companies don't need to specify exact mailing dates in affidavits when proving timely denial of no-fault claims under standard office procedures.
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Aminov v Travelers case analysis: court finds insurer failed to prove non-receipt of claim forms despite provider's incomplete complaint documentation.
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New York appellate court clarifies that the law of the case doctrine does not apply to prior discovery orders, offering flexibility in litigation management.
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Court rules that unsigned peer review reports cannot establish prima facie entitlement to summary judgment in no-fault insurance medical necessity disputes.
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New York courts continue to refine prima facie standards for business records evidence in no-fault insurance cases, with recent Appellate Term and Fourth Department decisions.
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Court ruling allows expert psychologist testimony based on hearsay in Mental Health Law Article 10 proceedings when used to explain opinion basis, not truth.
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New York court rules that account stated claims require proper business records foundation under CPLR 4518, not just submission of credit card statements without authentication.
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Fourth Department case demonstrates exacting standards for business records exception, requiring detailed testimony about record-keeping procedures and contemporaneous creation practices.
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