Please stop appealing everything. Now, you are starting to hurt the carriers that represent 95% of the market.
Respectfully submitted,
A member of the defense bar.
See e.g., Omega Diagnostic Imaging, P.C. v MVAIC, 2010 NY Slip Op 51779(U)(App. Term 1st Dept. 2010)
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14 Responses
I can confirm MVAIC is, indeed, appealing horrible cases. I can see why they do it given the treatment of them by the 2nd, 11th and 13th.
Nonetheless, we have four wins against them over the last two months and no losses, with some helpful precedent. The First Dept. courts don’t want to encourage disingenuous claims processing and deceptive litigation practices. They know that would only incentivize more of the same in a downward ethical spiral.
This is especially the case since MVAIC does not have to win over customers. The measure of success for MVAIC is simply how many claims it can deny and how much money it can avoid paying. MVAIC is no one’s friend. MVAIC has never seen a claim that it didn’t hate.
The downward ethical spiral has resulted in particular MVAIC attorneys and claims reps, including some former counsel, to do some astoundingly stupid things…. on our watch.
The app term 2nd has been given a sample of where it leads. We have more samples on deck. The question is whether they care about that.
Sun,
I am glad for the sake of your practice that you are beating MVAIC. Except for the MVAIC people who read this blog, I don’t think any of the other occasional or regular readers of this blog are losing sleep that MVAIC is taking a beating, courtesy of your firm. I even believe that many of us are probably somewhat relieved at what is happening to them, given the hurdles that practitioners like me have to jump through in order to prevail in no-fault matters.
The above being said, my issue, as I stated in this post, pertains to the collateral damage that is being wrought on the 95% of the market that has to “play by the rules”.
I am again making a desperate plea to MVAIC: stop appealing cases in the first department and settle whatever is extant. You will not win. If you keep going, then a defense version of “Dan Medical” will find its way into the body of law.
Not my firm, i’m just a worker bee. In fact, I have only three years of experience in no-fault as you know– just didn’t want to confuse anyone else.
I do have a range of litigation experience which is probably why I’m such a menace to MVAIC (or would like to become one).
You are lucky statements made on here are not in accordance with CPLR 2106.
Now I’m cornfused.
Sun, I think you have spent too much time on the magic bus.
J.T. I think you might be wrong here. Sun is not who you think he is. If he was he would not like me because I kissed the guy you think he is on the top of the head once.
I often eat my words with you JT. But this is not some mundane procedural issue like when you can take an appeal. A man’s identity is at stake here.
I deal strictly with the facts, thank you. That’s why I’m so good.
Dear MANIAC (I mean MVIAC):
Do not be bullied by J.T. You have a right to appeal and I would appeal everything. The law is not about serving private insurance companies.
For God’s sake you have your own interests to look out for.
Signed
A concerned expert in Constitutional Law and Provider Attorney
5 in a row against MVAIC as of today. Some very fun ethos related stuff on deck. JT, it might be too late for them.
Where is the fifth one?
Zuppa, wanna ride shotgun on my no-fault magic bus?
I stand corrected, this one makes it 6 in a row:
http://www.courts.state.ny.us/REPORTER/3dseries/2010/2010_51843.htm
I think this is the fifth one, Zupp:
http://www.courts.state.ny.us/REPORTER/3dseries/2010/2010_51779.htm
You beat back a default in the Second Department. I would not put that on par with your other MVAIC victories, to be honest. Do you remember Exclusive v. Liberty? That was an interesting one actually, back in the day.