Six year statute of limitations period governed by how the complaint is pleaded
NY Court rules on six-year statute of limitations for no-fault claims based on complaint pleading requirements and when causes of action accrue.
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July 2013 Articles
14 articles published in July 2013
Dr. Andrew Carothers, we salute you.
Appellate Term affirms jury verdict against Dr. Carothers' medical practice in no-fault insurance case involving unlicensed ownership claims and regulatory compliance issues.
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A snapshot in time saves 9 – Reversed (finally)
Court reversal highlights how IME timing affects medical necessity determinations in no-fault insurance disputes, with burden of proof shifting to plaintiffs.
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The SIU file is open for discovery and more
New York court rules SIU files discoverable when insurer fails to prove litigation privilege, plus limits on stipulations in no-fault insurance cases.
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Alrof Safeco made another sighting
Court rejects insurance company's EUO no-show motion due to defective affidavit lacking personal knowledge, highlighting critical evidentiary requirements in no-fault cases.
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Prima facie case lost
New York court ruling shows healthcare providers face uphill battle when using third-party billing services to establish prima facie cases in no-fault insurance claims.
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The NF-2 and the letters did not match
Court ruling on IME scheduling letters highlights importance of consistent procedures in New York no-fault insurance cases when addresses don't match NF-2 forms.
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EUO no show – precluded due to untimely scheduling letters
New York court rules insurance company's EUO scheduling letters sent 70+ days after receiving bills were untimely and failed to toll payment obligations.
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Delaware law applies
Delaware insurance law applied to NY court case involving out-of-state policy, accident location, and $15K coverage limits in no-fault claim dispute.
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There is no coverage for this loss
Court ruling confirms no coverage after injured defendant's IME no-show, with Appellate Division requiring minimal mailing affidavit standards for no-fault cases.
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Failure to comply with 2106 is somewhat excusable
Court allows Florida expert's affirmation despite CPLR 2106 non-compliance, highlighting differences in out-of-state practitioner requirements versus in-state licensing restrictions.
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MUA services inconsistent with MUA guidelines – prima facie showing lack of medical necessity established
Court finds MUA procedures lacked medical necessity when services didn't follow established guidelines, showing how peer review can defeat no-fault claims.
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IME no-show with statement regarding quantum of proof regrding the “no-show”
Learn what proof is needed to establish an IME no-show defense in New York no-fault insurance cases. Court ruling clarifies simple standard for examining physicians.
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Workers Compensation defense requires substantiation
Court ruling shows workers compensation defenses must be backed by concrete evidence, not just conclusory statements from claims administrators.
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