Policy Exhaustion and priority of payment
Learn how New York no-fault insurance policy limits affect medical provider recovery when coverage is exhausted. Mount Sinai Hospital case analysis.
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March 2013 Articles
10 articles published in March 2013
Please be quiet
Court ruling on attorney participation rights in nonparty witness depositions, clarifying counsel's limited role during EBT proceedings in NY malpractice cases.
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Arbitration and personal jurisdiction
New York court ruling clarifies that personal jurisdiction is not required for no-fault insurance arbitration proceedings, distinguishing arbitration from traditional court litigation.
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MVAIC cannot prove lack of coverage and wants interest tolled indefinitely
MVAIC fails to prove lack of no-fault coverage eligibility and seeks indefinite interest tolling in medical provider reimbursement case, raising questions about litigation tactics.
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IME no-show – complaint dismissed
Court dismissed no-fault claim when patient failed to appear for IME after insurer proved proper notice was mailed and plaintiff couldn't contest nonappearance.
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The declaratory judgment failed to name everybody
New York court ruling on declaratory judgment privity in no-fault insurance cases involving assignee providers and material misrepresentation claims.
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Motion in limine is not a substitute for a motion for summary judgment
Court rules that motions in limine cannot be improperly treated as summary judgment motions, highlighting distinct procedural requirements and timing rules.
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Roggio not applicable where Assignior executed Assignment prior to arbitrating medical bills in own right
Roggio doctrine doesn't apply when assignor executed assignment before arbitrating medical bills - NY no-fault insurance law analysis of provider reimbursement claims.
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“Deviation” does not need to be established with medical literature.
Court rules medical experts don't need literature citations to establish treatment deviation in no-fault cases, relying on professional experience instead.
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Business Records
Court accepts business records from bank successor even when affiant wasn't employed during original record creation, highlighting both strengths and limitations.
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