The first pure Unitrin Appellate Term holding
Appellate Term ruling establishes precedent for IME no-show cases, showing how insurers can prove mailing and non-appearance to defeat no-fault claims.
Read More → 📅
August 2011 Articles
16 articles published in August 2011
A potent dissent
A dissenting judge criticizes vague peer review reports in no-fault insurance cases, highlighting the importance of detailed medical necessity determinations.
Read More →
Additional verification non receipt + unrebutted IME
Court ruling on additional verification non-receipt in NY no-fault insurance claims, highlighting burden of proof requirements before litigation begins.
Read More →
consideration" an element to a late notice claim.
New York Court of Appeals ruling requires insurers to show "due consideration" when denying late no-fault claims, changing how prima facie defenses must be established.
Read More →
It is John J. McGee again.
New York Court of Appeals rules on severance in no-fault insurance fraud cases involving multiple professional corporations and common scheme allegations.
Read More →
CCA 1401 – again
Court clarifies proper judgment preparation procedures under CCA 1401, emphasizing that attorneys, not court clerks, should prepare judgments except in specific circumstances.
Read More →
Not nice.
Court dismisses no-fault case due to improper service of process and failure to serve within 120-day deadline, highlighting critical procedural requirements.
Read More →
Who cares about what the Appellate Division has to say about hearsay
Appellate Division ruling on hearsay and peer review reports in no-fault medical necessity cases - analysis of when medical records must be attached to peer reviews.
Read More →
Another really intelligent appeal
Court of Appeals decision on no-fault insurance claims showing plaintiff's burden of proof and proper use of denial forms as evidence in New York cases.
Read More →
Late Notice of Trial and standard of law as to Malella
Court ruling on late notice of trial motions and Malella defense standards in NY no-fault insurance cases, including timing rules and professional corporation compliance.
Read More →
Satisfaction piece
Baldwin Acupuncture v Allstate case analysis on stipulation enforcement and default judgment vacation in New York no-fault insurance litigation.
Read More →
Fee schedule defense not preserved abesent a timely denial
Court ruling demonstrates that insurance companies must timely deny claims to preserve fee schedule defenses in New York no-fault litigation.
Read More →
Default judgment conditionally granted
Court conditionally grants default judgment despite plaintiff's failure to meet CPLR 3215(f) requirements for verified complaint and proper affidavit support.
Read More →
Westchester v. Lincoln with a "cf" to Unitrin
Court decision reinforces that IME attendance is a condition precedent to insurer liability, with ongoing debate between Westchester and Unitrin precedents.
Read More →
Service on a TPA is not valid service after all
New York court rules that serving legal papers on a third-party administrator doesn't establish valid jurisdiction over an insurance carrier, highlighting critical service requirements.
Read More →
WHO?
W.H.O. Acupuncture v Geico case analysis covering acupuncture fee schedule constitutionality, appealable orders, and judgment preparation requirements in NY no-fault law.
Read More →