Triable issue of fact as to lack of coverage
Third Department case analyzes proof requirements for insurance carriers demonstrating lack of coverage, highlighting triable issues of fact in no-fault claims.
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April 2011 Articles
14 articles published in April 2011
A 2007 causation case – affidavit insufficient
2007 New York case shows how conclusory medical expert affidavits fail to establish causation in personal injury claims, highlighting importance of substantive evidence.
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On the CPLR front – 3126(3) motion granted when party deponent lies during deposition
Appellate Term reverses Civil Court, grants CPLR 3126(3) motion to dismiss complaint when plaintiff perjured herself about medical history during EBT deposition.
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A reasonable basis inquiry to the propriety of an EUO is foreclosed absent a timely objection
Court rules that challenges to EUO reasonableness are waived without timely objection, establishing key precedent for no-fault insurance defense strategies.
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Objective criterian is not necessary prior to seeking an IME
New York Court of Appeals clarifies that no-fault insurers don't need objective criteria before requesting an Independent Medical Examination, unlike examinations under oath.
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Another procedural faux pause
A no-fault insurance case where both parties lost summary judgment motions due to factual disputes over EUO notice and appearance, highlighting strategic appeal considerations.
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A tongue twister regarding when a cause of action accrues
Complex no-fault insurance statute of limitations case examining accrual dates, claim submission timing, and procedural errors in New York courts.
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District Nassau justifies IME no-show coverage defnese based upon Stephen Fogel
Nassau District Court upholds IME no-show coverage defense using Stephen Fogel precedent, ruling condition precedent defenses never waive in no-fault cases.
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Ime no-show – the best defense in town
New York court ruling on IME no-show defenses in no-fault insurance cases, analyzing coverage vs. exclusion distinctions and preclusion rules.
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Mailing turned on its head
NY court ruling establishes strong presumption for proper mailing in no-fault insurance cases, making it difficult for providers to deny receipt of verification requests.
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Public Health Law 238-a defense?
New York appellate court ruling on Public Health Law 238-a defense in no-fault insurance cases and its relationship to Mallela-based violations and coverage requirements.
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Appellate Term, First Departments latest statement on peer reviews
New York's Appellate Term reveals stark differences between First and Second Departments in handling peer review reports for no-fault insurance medical necessity denials.
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Attacking an expert based upon his religion leads to reversal
Court of Appeals reverses civil commitment case where prosecutor attacked expert witness based on religious beliefs during cross-examination, violating fair trial standards.
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Settlement negotiations constitute a reasonable execuse under 3012(d) and 5015(a)(1) by implication
NY court ruling that settlement negotiations constitute reasonable excuse for delay under CPLR 3012(d) and 5015(a)(1), protecting defendants from default judgments.
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