Another look at MUA
New York court ruling on MUA expert testimony qualifications in no-fault insurance cases, examining when medical experts can testify outside specialty areas.
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2013 Legal Articles
182 articles published in 2013
182
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12
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Featured Articles from 2013
Medical necessity disputes in major medical disputes may be raised at any time
New York courts require competent expert medical proof to challenge medical necessity in no-fault insurance disputes, with fair and reasonable charges being key factors.
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First Application of Etienne
Westchester Med. Ctr. v Allstate case analysis: prima facie requirements under Etienne standard vs. Mary Immaculate precedent in NY no-fault claims.
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How come there have been no new master arbitration decisions posted on AAA’s website since October 15, 2013?
Attorney questions why AAA stopped posting master arbitration decisions after October 2013, highlighting the importance of these decisions for no-fault insurance practitioners.
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What is a prima facie case? I still am unsure
Learn what constitutes a prima facie case in New York no-fault insurance litigation. Analysis of Viviane Etienne case and burden of proof requirements for summary judgment.
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There was no long arm jurisdiction
New York court case where out-of-state insurance company successfully challenged personal jurisdiction under Civil Court Act 404 long-arm statute requirements.
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Failure to enter default within one year allows vacatur of default under a Woodson theory
NY court vacates default judgment using inherent discretionary power when plaintiff failed to move for default within one year, demonstrating Woodson theory application.
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The faiure to issue a denial in duplicate is no necessarily fatal to preserving a defense
Court ruling clarifies that failure to serve no-fault denial in duplicate copies alone is not fatal to preserving defenses, following post-Rusk case developments.
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Personal knowledge is well not too personal
Court ruling clarifies personal knowledge requirements for proving EUO no-shows in no-fault insurance cases, emphasizing detailed business practice affidavits.
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A choice of law analysis – PA law controls
New York court applies Pennsylvania law to auto insurance dispute, finding PA's protection for innocent third parties prevents policy rescission against assignor.
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