Reasonableness – the new buzz word
Court ruling establishes "reasonableness" as new standard for challenging IME requests in NY no-fault cases, shifting burden from mailing proof to proving unreasonable demands.
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March 2011 Articles
21 articles published in March 2011
Just a bad decision
Court rules insurer cannot modify no-fault judgment after losing summary judgment motion - defendant's belated policy limit defense fails procedural requirements.
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From your perspective – not mine
Court of Appeals clarifies that intentional act exclusions in auto insurance should be evaluated from the injured person's perspective, not the actor's.
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A limited collateral attack on an arbitration award is upheld
Court upholds insurer's right to challenge arbitration award exceeding policy limits, even without timely denial, when coverage has been exhausted under no-fault law.
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MVAIC loses again
MVAIC suffers another court defeat in no-fault insurance case, with appeals court denying summary judgment on coverage requirements and remedy exhaustion claims.
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The failure to attend IMEs is now considered a Chubb coverage defense
Landmark 2011 Unitrin case establishes IME no-show as Chubb coverage defense, allowing retroactive claim denials regardless of initial denial reasons in NY no-fault law.
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Three strikes and you owe it
NY court rules three errors in no-fault denial letters create fatal defects, demonstrating how precision matters in insurance claim responses.
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CPLR 312-a service was not properly effected: complaint dismissed
Learn how CPLR 312-a service defects can destroy your case. Expert guidance on service of process requirements for healthcare providers in New York.
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Ime no-show victory
Learn how to win IME no-show cases with strategic documentation. Expert legal guidance on challenging insurance denials for healthcare providers in NY.
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More on defective denials
Learn how defective insurance claim denials can be challenged in New York no-fault cases. Expert legal analysis of technical requirements and healthcare provider rights.
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The Critical Role of Medical Literature in Expert Testimony
Expert analysis of Rowe v Fisher on medical literature requirements for expert testimony. Personal injury case insights for Long Island and NYC. Call 516-750-0595.
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The Verification Process in No-Fault Insurance: When Technical Requirements Override Common Sense
Expert analysis of Exoto v Progressive Insurance on NF-3 verification requirements. Learn to avoid technical rejections in Long Island and NYC. Call 516-750-0595 for help.
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Understanding No-Fault Insurance Claims: When Basic Legal Requirements Are Overlooked
Expert analysis of Quality Health Products v Country-Wide Insurance Co. Learn how to properly establish no-fault insurance claims in Long Island and NYC. Call 516-750-0595 for consultation.
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A new twist on prima facie
New York appellate court case shows how inadequate documentation can doom a no-fault insurance claim, highlighting the evolving standards for prima facie cases.
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Civil Court Decisions in No-Fault Insurance: When Legal Reasoning Goes Wrong | Long Island Attorney
Critical analysis of Consolidated Imaging v Travelers Indemnity Co. - examining flawed Civil Court reasoning in Long Island and NYC no-fault insurance cases.
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Insurance Verification Requests: Be Careful What You Ask For | Long Island No-Fault Attorney
New York Hospital v Country Wide Insurance case highlights critical lessons about insurance verification requests for Long Island and NYC personal injury claims.
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DWI defense non-upheld: mailing, denials and affidavits gone awry
Analysis of catastrophic DWI defense failures due to defective NF-10 forms and mailing errors. Expert no-fault insurance representation in Long Island & NYC.
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The injury was serious and not pre-existing because the medical necesity of the surgery was not challenged
Landmark NY case analysis: How medical necessity affects serious injury thresholds in personal injury cases. Expert legal representation in Long Island & NYC.
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I wish I had the record and the briefs on this one
Expert analysis of medical necessity defenses in NY no-fault cases. Learn how peer review reports affect insurance claims. Long Island & NYC legal representation.
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MVAIC gets hit again at the Appellate Term, First Department
MVAIC faces continued legal challenges at Appellate Term First Department. Expert analysis of MVAIC claims and court decisions. Call Jason Tenenbaum 516-750-0595.
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Three year statute of limitations for common carriers in the First Department
First Department establishes 3-year statute of limitations for NYCTA no-fault claims. Expert transit accident legal analysis. Call Jason Tenenbaum 516-750-0595.
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