Skip to main content
How Huntington/Travelers can play out
Procedural Issues

How Huntington/Travelers can play out

By Jason Tenenbaum 8 min read

Key Takeaway

Legal strategies for defending multiple no-fault insurance cases from the same assignor after Huntington v. Travelers decision, including special interrogatories tactics.

This article is part of our ongoing procedural issues coverage, with 195 published articles analyzing procedural issues issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

Huntington Med. Plaza, P.C. v Travelers Indem. Company

This was previously discussed on here.  Many of us believe this was a half baked decision.

Some claims manager wanted me to put this question out here.  I am seeking comments.  You represent an insurance carrier and Huntington Regional, OrthoCare, Station Medical or some other entity bombards you with many cases in different courts and through arbitration involving the same assignor, accident and types of service.

How do you efficiently defend these cases?

First, you can file a DJ action, join all of these actions and have one trial.  That is the most efficient way to handle these case; yet, can be problematic at times due to internal issues involving assignment of files, etc., and Ins Law 5106 (when these cases are in arbitration) giving the Claimant the right to chose arbitration as the dispute resolution process.

Assume option number one is not practical and you need to take a “verdict” or something like that after a trial on Huntington Regional (or something similar), like Travelers did, knowing that many other cases are following behind.

The Court in Huntington/Travelers phrased the order at the bench trial (which was not given collateral estoppel effect) solely as a medical necessity issue, and the order probably read something like this: Defendant proved that further services lacked medical appropriateness and Plaintiff did not provide persuasive evidence as to the continued treatment’s medical appropriateness.  Judgment to be entered for Defendant.   I am just guessing what was in the order at the bench trial.

Here is my thought.  Is it possible for an insurance carrier at a trial to demand special interrogatories be answered by the finder of fact.  I think this is possible and this is what I am thinking:

Question #1: Did Defendant prove through a fair preponderance of the evidence that on (Date of IME), there was no further disability?

Answer this question “yes” or “no”.

Question #2: Did Defendant prove through a fair preponderance of the evidence that services following the IME were not medically necessary?

Answer this question “yes” or “no”.

(Only reach question #3 if 5 out of 6 jurors answered question #1  and/or question #2 in the affirmative.  If both question #1 and question #2 are answered in the negative, then proceed to question #4)

(3) Did Plaintiff prove through a fair preponderance of the evidence that the services rendered after the IME dated (Date of IME) were medically necessary?

(Only reach question #4 if 5 out of 6 jurors answered question #3 in the affirmative)

(4) How much do you award Plaintiff in unpaid no-fault benefits?

Under this construct, a finding as to question number #1 in the affirmative and question number 3 in the negative would be collateral estoppel because a finder of fact has now found as a matter of fact that on a given date there was no further disability.  This would more or less fall in line with Matin v. Geico and Lobel v. Allstate which gives collateral estoppel effect to judgments and awards finding that further benefits are inappropriate.

Answering #1 in the negative and number #2 in the affirmative, with #3 in the negative would still be a win for the carrier, but allow the rest of the medical providers’ cases to remain active since there is no affirmative finding that a disability ceased and the “wax and wane” of the pain may play out on another day.

Of course answering question #3 in the affirmative or answering questions #1 and #2 in the negative is a win for the provider.  This would be collateral estoppel against the provider.


Legal Update (February 2026): Since this 2014 post, there have been potential amendments to Insurance Law Section 5106 regarding arbitration procedures and declaratory judgment actions in no-fault cases. Additionally, court decisions may have further refined the application of res judicata principles in multi-entity provider litigation scenarios. Practitioners should verify current statutory provisions and recent case law developments when strategizing defense approaches for similar provider litigation patterns.

Legal Context

Why This Matters for Your Case

New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.

Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.

About This Topic

Procedural Issues in New York Litigation

New York civil procedure governs every stage of litigation — from pleading requirements and service of process to motion practice, discovery deadlines, and trial procedures. The CPLR creates strict procedural rules that can make or break a case regardless of the underlying merits. These articles examine the procedural pitfalls, timing requirements, and strategic considerations that practitioners face in New York state courts, with a particular focus on no-fault insurance and personal injury practice.

195 published articles in Procedural Issues

Keep Reading

More Procedural Issues Analysis

FAQ

How to Talk to a Judge in New York: What to Say, What to Avoid, and How to Present Yourself

Practical guide on how to talk to a judge in New York courts. Proper forms of address, courtroom behavior, and tips from Long Island attorney Jason Tenenbaum. Call 516-750-0595.

Feb 24, 2026
Evidence

CPLR § 2106 Amendment Eliminates Affidavit Notarization Requirement: What This Means for New York Litigation

NY CPLR 2106 amendment eliminates notarized affidavits and certificates of conformity. Learn how this changes litigation practice. Call 516-750-0595.

Feb 18, 2026
Procedural Issues

E-filing and its perils

New York court ruling on e-filing deadlines and venue change motions. Learn how electronic filing requirements affect procedural deadlines in personal injury cases.

Apr 1, 2017
Res Judicata

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.

Jan 30, 2014
3404

A Case and Reserves That Will Remain in Limbo: Understanding New York No-Fault Insurance Law

Learn how New York court calendar restoration rules create legal limbo for personal injury cases, keeping insurance reserves tied up indefinitely in Long Island and NYC.

Feb 3, 2012
Procedural Issues

Read the stipulation….

Learn about summary jury trials and legal stipulations in NY personal injury cases. Experienced Long Island attorneys explain the Grochowski v Fudella decision. Call 516-750-0595.

Feb 16, 2010
View all Procedural Issues articles

Common Questions

Frequently Asked Questions

What are common procedural defenses in New York no-fault litigation?

Common procedural defenses include untimely denial of claims (insurers must issue denials within 30 days under 11 NYCRR §65-3.8(c)), failure to properly schedule EUOs or IMEs, defective service of process, and failure to comply with verification request requirements. Procedural compliance is critical because courts strictly enforce these requirements, and a single procedural misstep by the insurer can result in the denial being overturned.

What is the CPLR and how does it affect my case?

The New York Civil Practice Law and Rules (CPLR) is the primary procedural statute governing civil litigation in New York state courts. It covers everything from service of process (CPLR 308) and motion practice (CPLR 2214) to discovery (CPLR 3101-3140), statute of limitations (CPLR 213-214), and judgments. Understanding and complying with CPLR requirements is essential for successful litigation.

What is the 30-day rule for no-fault claim denials?

Under 11 NYCRR §65-3.8(c), an insurer must pay or deny a no-fault claim within 30 calendar days of receiving proof of claim — or within 30 days of receiving requested verification. Failure to issue a timely denial precludes the insurer from asserting most defenses, including lack of medical necessity. This 30-day rule is strictly enforced by New York courts and is a critical defense for providers and claimants.

How does improper service of process affect a no-fault lawsuit?

Improper service under CPLR 308 can result in dismissal of a case for lack of personal jurisdiction. In no-fault collection actions, proper service on insurers typically requires serving the Superintendent of Financial Services under Insurance Law §1212. If service is defective, the defendant can move to dismiss under CPLR 3211(a)(8), and any default judgment obtained on defective service may be vacated.

What is a condition precedent in no-fault insurance?

A condition precedent is a requirement that must be satisfied before a party's obligation arises. In no-fault practice, claimant conditions precedent include timely filing claims, appearing for EUOs and IMEs, and responding to verification requests. Insurer conditions precedent include timely denying claims and properly scheduling examinations. Failure to satisfy a condition precedent can be dispositive — an untimely denial waives the insurer's right to contest the claim.

Was this article helpful?

Attorney Jason Tenenbaum

About the Author

Jason Tenenbaum, Esq.

Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.

24+ years in practice 1,000+ appeals written 100K+ no-fault cases $100M+ recovered

Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a procedural issues matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Discussion

Comments (1)

Archived from the original blog discussion.

TH
The Hater
Here’s my f*&king comment. I know one state where insurance companies are going to be cautious when denying a claim. The Peach State. The state of trailer parks and skoal and cousins fornicating and rivers where men in canoes are raped by men with bad teeth. I’m talkin the good ole state of Georgia. Where 500,000 registered gun owners can now go into government buildings, schools; airports (in case of Mooooselums); etc carrying concealed weapons. And all the police can do is ask if its licensed. If the good ole American Citizen says “yes” the inquiry ends — hell if your asked for ID in this country you must produce it but not your gun permit. I can see that insurance adjuster; or regulator; or court; giving away insurance company money. Hell what’s money in the face of 2nd Amendment firepower. I am so proud to share this country with the good ole boys of Georgia. I am so proud that when people look at me as being American they lump me in with the white trash of Georgia. “That’s the night that the lights went out in Georgia … Signed The Friggin Hater

Legal Resources

Understanding New York Procedural Issues Law

New York has a unique legal landscape that affects how procedural issues cases are litigated and resolved. The state's court system includes the Civil Court (for claims up to $25,000), the Supreme Court (the primary trial court for unlimited jurisdiction), the Appellate Term (which hears appeals from lower courts), the Appellate Division (divided into four Departments, with the Second Department covering Long Island, Brooklyn, Queens, Staten Island, and several upstate counties), and the Court of Appeals (the state's highest court). Each court has its own procedural requirements, local rules, and case-assignment practices that can significantly impact the outcome of your case.

For procedural issues matters on Long Island, cases are typically filed in Nassau County Supreme Court (at the courthouse in Mineola) or Suffolk County Supreme Court (in Riverhead). No-fault arbitrations are heard through the American Arbitration Association, which assigns arbitrators throughout the metropolitan area. Workers' compensation claims go to the Workers' Compensation Board, with hearings at district offices across the state. Understanding which forum is appropriate for your case — and the specific procedural rules that apply — is essential for a successful outcome.

The procedural landscape in New York also includes important timing requirements that can affect your case. Most civil actions are subject to statutes of limitations ranging from one year (for intentional torts and claims against municipalities) to six years (for contract actions). Personal injury cases generally have a three-year deadline under CPLR 214(5), while medical malpractice claims must be filed within two and a half years under CPLR 214-a. No-fault insurance claims have their own regulatory deadlines, including 30-day filing requirements for applications and 45-day deadlines for provider claims. Understanding and complying with these deadlines is critical — missing a filing deadline can permanently bar your claim, regardless of how strong your case may be on the merits.

Attorney Jason Tenenbaum regularly practices in all of these venues. His office at 326 Walt Whitman Road, Suite C, Huntington Station, NY 11746, is centrally located on Long Island, providing convenient access to courts and offices throughout Nassau County, Suffolk County, and New York City. Whether you need representation in a no-fault arbitration, a personal injury trial, an employment discrimination hearing, or an appeal to the Appellate Division, the Law Office of Jason Tenenbaum, P.C. brings $24+ years of real courtroom experience to your case. If you have questions about the legal issues discussed in this article, call (516) 750-0595 for a free, no-obligation consultation.

New York's substantive law also presents distinct challenges. In motor vehicle cases, the no-fault system under Insurance Law Article 51 provides first-party benefits regardless of fault, but limits the right to sue for non-economic damages unless the plaintiff establishes a "serious injury" under one of nine statutory categories. This threshold — codified at Insurance Law Section 5102(d) — requires medical evidence showing more than a minor or subjective injury, and courts have developed detailed standards for each category. Fractures must be documented through imaging studies. Claims of permanent consequential limitation or significant limitation of use require quantified range-of-motion testing with comparison to norms. The 90/180-day category demands proof that the plaintiff was unable to perform substantially all of their usual daily activities for at least 90 of the 180 days following the accident.

In employment discrimination cases, the legal standards vary depending on whether the claim arises under state or local law. The New York State Human Rights Law employs a burden-shifting framework: the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for its decision. If the employer meets this burden, the plaintiff must demonstrate that the stated reason is pretextual. The New York City Human Rights Law, by contrast, applies a broader standard, asking whether the plaintiff was treated less well than other employees because of a protected characteristic.

Free Consultation — No Upfront Fees

Injured on Long Island?
We Fight for What You Deserve.

Serving Nassau County, Suffolk County, and all of New York City. You pay nothing unless we win.

The Law Office of Jason Tenenbaum, P.C. has been fighting for the rights of injured New Yorkers since 2002. With over 24 years of experience handling personal injury, no-fault insurance, employment discrimination, and workers' compensation cases, Jason Tenenbaum brings the legal knowledge and courtroom experience your case demands. Every consultation is free and confidential, and we work on a contingency fee basis — meaning you pay absolutely nothing unless we recover compensation for you.

Available 24/7  ·  No fees unless you win  ·  Serving Long Island & NYC

Injured? Don't Wait.

Get Your Free Case Evaluation Today

No fees unless we win — available 24/7 for emergencies.

Call Now Free Review