15 articles published in June 2013
Court rules plaintiff failed to establish prima facie case for no-fault insurance recovery, lacking evidence to connect claim forms to prior judgment and proof of unpaid status.
Read More →
New York court rules that open pre-IME claims prevent insured from using repudiation defense when failing to appear for EUO after negative medical exam.
Read More →
Court dismisses personal injury case when chiropractor's findings contradicted MRI results showing normal spine images with no disc damage.
Read More →
New York court clarifies that orthopedic surgeons can measure range of motion without instruments for no-fault insurance threshold determinations.
Read More →
New York court ruling confirms insurance medical experts don't need to review all plaintiff records to establish prima facie case for lack of serious injury.
Read More →
NY court affirms jury verdict dismissing personal injury claim despite defense expert testimony that accident aggravated plaintiff's pre-existing back condition.
Read More →
Court overturns jury verdict finding no serious injury under Insurance Law 5102(d) when plaintiff proved rotator cuff tear with significant range of motion loss.
Read More →
Appellate Division rules certificate of readiness stating discovery is outstanding creates a nullity, allowing unlimited time to strike note of issue in NY courts.
Read More →
In NY no-fault cases, medical experts must explain any deterioration after improvement to meet the serious injury threshold under Insurance Law 5102(d).
Read More →
New York court confirms that parties seeking to vacate default orders under CPLR 5015(a)(1) must prove their motion was filed within the one-year deadline.
Read More →
Legal case analysis of Reynolds v Ferrante where a no-fault insurance IME chiropractor injured a patient's knee, exploring insurer liability for contractor negligence.
Read More →
Court ruling clarifies that trial de novo actions seeking declaratory judgments fall outside District Court jurisdiction, requiring proper venue determination.
Read More →
Brooklyn Chiropractic v A. Cent. Ins. Co.: Court finds triable issue of fact when plaintiff's IME contradicts insurer's IME, but peer review denial stands unopposed.
Read More →
Court applies Alrof v. Safeco ruling requiring personal knowledge for IME no-show claims, potentially limiting insurers' defense options in no-fault cases.
Read More →
Court of Appeals rules CPLR 3215(f) violations are procedural errors, not jurisdictional defects, allowing correction via CPLR 5015 motions rather than nullifying judgments.
Read More →Injured? Don't Wait.
Get Your Free Case Evaluation Today
No fees unless we win — available 24/7 for emergencies.