A simple medical necessity decision
New York court rules that unsworn chiropractor letters lack probative value in no-fault insurance medical necessity disputes, requiring proper foundation.
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February 2013 Articles
16 articles published in February 2013
It involved a different matter.
Progressive Northeastern court case on medical necessity letters and prior trial testimony failing to rebut no-fault insurance peer review reports
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Watch how Plaintiff made prima facie
Compas Med case shows how plaintiff established prima facie case despite untimely EUO denials, demonstrating strategic forum shopping in NY no-fault law
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Checked off box #18 (I think) is sufficient to preserve fee schedule defense
New York court confirms that checking box #18 on denial forms adequately preserves fee schedule defenses in no-fault insurance disputes, providing clarity for insurers.
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Again – a mere denial will not rebut proof that a verification demand was mailed
Court ruling clarifies that mere denial of receiving verification requests cannot overcome legal presumption of proper mailing in no-fault insurance cases.
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IME no show and tolling
NY appellate court clarifies IME no-show denial timing rules when verification requests toll insurance company's response deadlines under no-fault law.
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Burden rests on medical provider to show that defense is palpably improper
Court ruling clarifies burden of proof in no-fault discovery disputes - medical providers must demonstrate defense is palpably improper to oppose discovery motions.
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New Jersey Law – but see where it all went wrong
New York court applies New Jersey insurance law in medical provider dispute, highlighting conflicts between state no-fault laws and mandatory dispute resolution requirements.
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Another verification again
New York court ruling demonstrates how insurance companies can successfully defend no-fault claims when healthcare providers fail to respond to verification requests.
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Notorial acts.
Court ruling clarifies that affidavits can be notarized on different dates than when drafted, providing flexibility in legal document preparation and execution.
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Another in the never ending line of prima facie disasters
Court ruling demonstrates the challenging burden healthcare providers face when establishing prima facie cases in no-fault insurance summary judgment motions.
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Absence of a business record entry = no motor vehicle accident
Expert analysis of Jesa Med. Supply v NYC Transit Authority and business records evidence. Learn how absent records affect personal injury cases in NY.
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The amendments to the regulations and what they mean to you.
Complete analysis of 2013 New York no-fault insurance regulation amendments. Learn how the 120-day rule affects personal injury claims on Long Island and NYC.
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Hearsay – It really is not
Expert legal analysis of People v Curran and hearsay evidence rules in New York. Learn how victim testimony affects personal injury cases on Long Island and NYC.
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EUO of a medical provider – untimely.
New York court rules that insurance company's EUO request for medical provider was untimely, failing to comply with 15-day requirement under no-fault regulations.
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Serious Injury Law: Permanent Consequential vs. Significant Limitation in Long Island & NYC Cases
Expert analysis of Estrella v Geico serious injury case. Learn the crucial differences between permanent consequential and significant limitations in Long Island & NYC personal injury law. Call 516-750-0595.
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