18 articles published in May 2013
Court vacates $200,000 jury verdict in personal injury case due to speculative causation evidence, granting defendants' CPLR 4404 motion after trial.
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Urban Radiology v GEICO: Assignment of benefits not required for prima facie case in first-party no-fault actions. Court clarifies trial vs summary judgment standards.
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NY court ruling shows insurance expert testimony needs factual basis and medical rationale to prove lack of medical necessity in no-fault cases.
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Court rules that billing for one undelivered item doesn't void entire no-fault policy, allowing recovery for other legitimately provided medical supplies.
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Court dismisses expert affidavit lacking credentials and objective testing in personal injury case, highlighting foundation requirements for expert testimony.
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Court rules on late affidavit submission in personal injury case, examining when briefing schedule violations should be excused based on prejudice rather than strict timing requirements.
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NY court dismisses no-fault insurance bad faith claim due to inadequate pleading of consequential damages, while allowing breach of contract claim to proceed.
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Analysis of Infinity Health v Redland Insurance case where insurer failed to prove proper IME scheduling due to incorrect zip code on mailing notices.
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Court rules discovery unnecessary when challenging EUO no-show defense in NY no-fault cases. Appellate Term confirms proper mailing establishes valid denial.
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Appellate Term Second Department ruling clarifies medical rationale requirements in DME cases, emphasizing need for meaningful opposition to peer review reports.
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Court ruling establishes that healthcare providers who fail to respond to EUO requests cannot later raise objections, reinforcing insurer notification requirements.
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Court rejects SIGNET vendor testimony as hearsay in proving IME no-shows, highlighting evidence requirements post-Fogel in New York no-fault insurance cases.
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New York appellate court rules that medical experts can testify about peer review findings based on medical records, reversing trial court's erroneous hearsay exclusion.
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Civil Court rules providers can collect no-fault insurance interest under $5 despite regulatory language, ensuring statutory penalty provisions remain effective.
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New York no-fault insurance coverage expanded through liberal construction of use, operation and proximate cause requirements in rescue injury case.
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Appellate Term finds insufficient excuse for late no-fault claim submission despite provider's proof of mailing to MVAIC first when insurer identity unclear.
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New York court rejects constitutional challenge to acupuncture fee schedule in no-fault insurance case, highlighting ongoing disputes over reimbursement rates.
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Wells Fargo v Meyers ruling weakens CPLR 3408 mortgage foreclosure protections, allowing banks to negotiate in bad faith without meaningful consequences.
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