Punted.
Second Department punts on Unitrin issue in Westchester v. GEICO, noting coverage challenge improperly raised on appeal while awaiting clarity from other courts.
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January 2014 Articles
11 articles published in January 2014
Understanding Declaratory Judgment Actions and Res Judicata in New York No-Fault Cases
Learn how insurance companies use declaratory judgment actions to avoid paying no-fault benefits. Expert legal analysis from Jason Tenenbaum. Call 516-750-0595.
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CPLR 2004 allows an order to show cause to be served tardy – first holding for this proposition of law
Third Department rules CPLR 2004 allows courts to extend order to show cause service deadlines retroactively, establishing new precedent for tardy service extensions.
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Potential sewer service? Traverse sustained and complaint dismissed
Appeals court overturns lower court's ruling on proper service, dismissing complaint after finding witness testimony demonstrably false in sewer service case.
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Court-Ordered Stays in New York Legal Proceedings: Understanding Government Employees Insurance Co. v Avanguard Medical
Expert analysis of court-ordered stays in New York legal proceedings. Government Employees Insurance Co. v Avanguard Medical case review by Long Island attorneys.
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So what did the Second Department mean?
Second Department's Interboro v Clennon decision analysis on no-fault EUO compliance and material breach standards for Long Island personal injury attorneys.
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Major medical provider does not have standing to bring action against no-fault carrier
Court ruling explores complex standing issues when major medical providers attempt to pursue no-fault insurance claims through assignment of rights.
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A 30-day notice case that went to trial
Expert analysis of Medical Select v Allstate - Nassau County case on 30-day notice requirements. Long Island no-fault attorney Jason Tenenbaum explains regulatory compliance issues. Call 516-750-0595.
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A motion for summary judgment is denied pending disclosure
New York court denies summary judgment in no-fault case where plaintiff timely requested but didn't receive peer review reports and medical documentation from defendant insurer.
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Understanding IME Cut-offs for Durable Medical Equipment: When Timing Matters
Learn how IME timing affects DME coverage in NY no-fault insurance. Expert guidance on prescription vs. acquisition rules. Call 516-750-0595.
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Understanding EUO Denial: When Insurance Companies Can Substantiate Coverage Denials
Learn when insurance companies can deny coverage for EUO non-compliance. Expert legal guidance on examination under oath requirements in NY. Call 516-750-0595.
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