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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July 2012 Articles
5 articles published in July 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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