Date of IME is guidepost for mecical necessity determination
Court clarifies that IME reports cannot retroactively establish lack of medical necessity for treatments provided before the examination date.
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2012 Legal Articles
150 articles published in 2012
150
Total Articles
7
Active Months
21
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2012 by Month
Featured Articles from 2012
Roggio/Westchester-Lincoln
New York court ruling clarifies medical providers' independent arbitration rights and insurer EUO denial requirements in no-fault insurance cases.
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Ins Law 5105 – loss transfer regarding a livery vehilce and a standard passenger vehicle
Fourth Department reverses Supreme Court decision on Ins Law 5105 loss transfer case involving livery vehicle classification and arbitration waiver rules.
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Encompass could not save themselves
Second Department ruling finds Encompass Insurance engaged in deceptive practices by delaying claims settlements, allowing unfair business practices claim to proceed under GBL § 349.
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Best evidence and the failure to tab exhibits
Appellate Division ruling on best evidence rule and exhibit tabs in New York courts - when original documents are required and procedural defects matter.
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Malella and priority of coverage discovery disallowed
Court rejects insurer's discovery attempts to find primary coverage and investigate fraudulent incorporation in NY no-fault case, ruling demands improper.
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Assignor did not show up to his IME and EUO – double whammy
Court confirms insurer's summary judgment when assignor failed to appear at both IME and EUO after proper notice, citing Unitrin precedent for no-fault claims.
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Electronic signatures unconditionally accepted
New York First Department rules electronic signatures have same validity as handwritten signatures under State Technology Law § 304(2) for legal affidavits and court documents.
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A judge in Supreme Nassau on a standard no-fault matter applies Unitrin
Nassau Supreme Court applies Unitrin precedent in no-fault case, clarifying burden of proof standards for IME no-show defenses in provider litigation.
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Reverse Pan Chiropractic
Ocean Diagnostic v. Allstate case analysis showing how medical necessity burden shifted when plaintiff provided stronger evidence than insurer's peer review report.
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