What’s a boy to do?
Court sanctions attorneys for frivolous no-fault insurance brief while ruling on medical necessity peer review challenges in New York PIP case.
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August 2013 Articles
8 articles published in August 2013
A pleaded affirmative defense may not necessarily be used as an admission
New York court ruling on affirmative defenses: pleaded defenses may not constitute admissions when conditional language is used and scope of employment is denied.
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DJ granted – Defendant failed to present evidence that Defendant attended IME
Court grants declaratory judgment after defendant fails to provide evidence of attending scheduled independent medical examinations in no-fault insurance case.
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Amended motion/Admissible Reply papers/Defects in affidavits/delay letter vs. verification requests
Court ruling on amended motions, defective IME affidavits, and delay letters vs. verification requests in New York no-fault insurance litigation procedures.
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The IME no-show at trial – the eagle has arisen
Eagle Surgical Supply v GEICO highlights the critical requirement that insurance companies must present witnesses with personal knowledge to prove IME no-shows at trial.
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All you wanted to know about 4518(a) but were afraid to ask
Learn about CPLR 4518(a) business records foundation requirements in New York no-fault insurance cases, including hearsay exceptions and evidence admissibility rules.
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The errata sheet is not a do over
Appellate court ruling on CPLR 3116(a) errata sheets: deponents cannot make radical changes without adequate explanations in NY personal injury depositions.
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The affidavits were unshakable
Court upholds affidavits in NY no-fault IME case, rejecting defendant's challenges to sworn testimony form and medical examination scheduling documentation.
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