Key Takeaway
Attorney's firsthand courtroom experience arguing acupuncture fee schedule motions and IME cut-off cases in New York no-fault insurance litigation, including common defense arguments.
This article is part of our ongoing no-fault coverage, with 271 published articles analyzing no-fault issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.
Sometimes, I forget how surreal this practice is. I was in Civil Court today – those who saw me know which one. I argued an acupuncture fee schedule motion and an IME cut-off/ fee schedule case without rebuttal. My argument, of course, was based upon Great Wall, Enco and their progeny. So I make my case in 3.5-5 minutes. The opposing attorney goes on for 10 minutes – like an automaton- in the following order: 1) mailing insufficient; 2) no business record foundation; 3) no fee schedule exists; 4) the DOI’s arguments is unconstitutional; and 5) presumption of medical necessity thus I lose.
I think I was staring straight ahead wondering where I was. I was reminded of the twilight zone episode “Willoughby”. Watch it, if you never have. For the BI attorneys out there who are not familiar with no-fault, think of the planet you are on when you appear in front of a certain judge who decides liability motions with the aid of match box cars. It is the same feeling.
Oh here were my answers: 1) I won a case on the mailing issue with this client; 2) I don’t have to lay a business record foundation – ask your boss why; 3) Unitrin? everyone must march to the beat of the DOI; 4) You did not put the Attorney General on notice; and 5) You can do better than that.
I then drove back to the office and asked myself what I accomplished today.
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Legal Update (February 2026): New York’s no-fault fee schedules and reimbursement rates have undergone multiple revisions since 2011, including updates to medical fee schedules, procedural requirements, and regulatory amendments. The case law referenced, including Great Wall and Enco decisions, may have been supplemented by subsequent court rulings and regulatory changes. Practitioners should verify current fee schedule provisions and procedural requirements with the New York State Department of Financial Services and recent appellate decisions.
Legal Context
Why This Matters for Your Case
New York's no-fault insurance system, established under Insurance Law Article 51, is one of the most complex insurance frameworks in the country. Every motorist must carry Personal Injury Protection coverage that pays medical expenses and lost wages regardless of fault, up to $50,000 per person.
But insurers routinely deny valid claims using peer reviews, EUO scheduling tactics, fee schedule reductions, and coverage defenses. The Law Office of Jason Tenenbaum has handled over 100,000 no-fault cases since 2002 — from initial claim submissions through arbitration before the American Arbitration Association, trials in Civil Court and Supreme Court, and appeals to the Appellate Term and Appellate Division. Jason Tenenbaum is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.
His 2,353+ published legal articles on no-fault practice are cited by attorneys throughout New York. Whether you are dealing with a medical necessity denial, an EUO no-show defense, a fee schedule dispute, or a coverage question, this article provides the kind of detailed case-law analysis that helps practitioners and claimants understand exactly where the law stands.
About This Topic
New York No-Fault Insurance Law
New York's no-fault insurance system requires every driver to carry Personal Injury Protection (PIP) coverage that pays medical expenses and lost wages regardless of who caused the accident. But insurers routinely deny, delay, and underpay valid claims — using peer reviews, IME no-shows, and fee schedule defenses to avoid paying providers and injured claimants. Attorney Jason Tenenbaum has litigated thousands of no-fault arbitrations and court cases since 2002.
271 published articles in No-Fault
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Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.
New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.
If you need legal help with a no-fault matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.
