Brutal loss on a coverage case
Court rules State Farm's 15-day delay in sending disclaimer letters after completing investigation was unreasonable, resulting in waived coverage defenses.
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April 2012 Articles
18 articles published in April 2012
The failure to affirmatively seek judicial notice of the fee schedule (again) proves fatal to a motion for summary judgment
New York court ruling on fee schedule defense failures in no-fault insurance summary judgment motions, highlighting judicial notice requirements for claims examiners.
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District Suffolk reversed – Oral applications to vacate a default are not appropriate
Appeals court reverses district court decision allowing oral default applications, emphasizing proper motion procedures are required under CPLR 2214.
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Summary judgment granted under the new interpretation of prima facie
Court grants summary judgment under new prima facie interpretation for no-fault billing manager affidavit establishing timely claim submission within 45 days.
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Mr. Five Boro at it again
Five Boro Psychological Services loses another appeal due to insufficient evidence in their motion for summary judgment, highlighting the importance of proper documentation in no-fault cases.
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Motion to renew and then some
New York appellate court case analyzing motion to renew procedures and trial calendar restoration after clerical errors in personal injury litigation.
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Renewal is allowed to correct 2106 hiccups
New York appellate court clarifies that renewal motions can be granted when parties correct procedural errors in previously submitted documents, even if the underlying facts existed before.
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Mark it up, fax it back and see what happens
Court ruling shows how handwritten changes to no-fault stipulations can become binding through acquiescent conduct, even when plaintiff later tries to enforce original terms.
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5102(d) and a dissent discussing "no-fault"
Court ruling on 5102(d) serious injury claims requiring proof of no-fault exhaustion and inability to pay medical bills, with dissenting opinion analysis.
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The search for the mystical Torres, and the hunt to obtain post-appellate renewal
Court denies plaintiff's motion to renew lost summary judgment motion 12 years later in premises liability case, highlighting strict standards for post-appellate renewal motions.
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So the newest 2309(c) case now holds that this statute is irrelevent
Second Department rules that CPLR 2309(c) notarization defects are not fatal when corrective certification can be provided nunc pro tunc under CPLR 2001.
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Prima facie gone bad
A 2012 case shows how medical providers can lose no-fault summary judgment motions when their affidavits fail to clearly establish the insurer's denial was untimely or legally insufficient.
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Another prima facie disaster in the second department
Second Department court ruling in Flatlands Med. v Allstate shows strict prima facie requirements for no-fault insurance summary judgment motions under CPLR 3212(g).
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An attorney's statement, i.e., "he did not show up" is sufficient to support EUO defense
New York court ruling confirms attorney affirmations stating claimants failed to appear at EUOs are sufficient evidence to establish no-show defense in no-fault cases.
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MVAIC failed to disprove that the accident was the cause of the injuries
MVAIC fails to prove motor vehicle accident didn't cause injuries using inadmissible hearsay police report, resulting in summary judgment loss in NY court.
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An IME no-show case from the 9th and 10th
A 9th and 10th Judicial District case demonstrates how insurers can successfully defend IME no-show claims through proper documentation of office procedures and physician affidavits.
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Judicial notice applies to e-court website
New York courts can take judicial notice of information on the official E-Courts website, allowing judges to consider publicly available court records without formal evidence presentation.
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Notice of Trial vacated based upon a "detailed" Mallela showing
Court vacates trial notice when defendant provides detailed Mallela defense showing plaintiff lacks proper licensing requirements for no-fault benefits recovery.
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