The absence of an expert is fatal to prove causation
New York court ruling: Plaintiff failed to prove causation in motor vehicle accident case without expert medical testimony establishing causal connection.
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June 2014 Articles
7 articles published in June 2014
No-show substantiated
Court upholds insurer's summary judgment when medical provider's assignor failed to appear for IMEs and EUOs despite proper notice mailing.
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Ground rule 11 and the IME cut off
Analysis of Triumph Assoc. Physical Therapy v New York Central Mutual case addressing Ground Rule 11 fee schedule disputes and IME-based medical necessity denials in no-fault law.
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Stipulation does not serve as collateral estoppel
Court ruling clarifies that stipulations don't create collateral estoppel in NY no-fault insurance cases, plus guidance on SIU file discovery and licensing compliance.
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Verification
Court ruling on verification request mailing requirements in NY no-fault insurance claims, establishing that delivery to USPS completes the request process.
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Another IME no-show victory shrowded in American Transit citations
Court victory for insurer after patient's IME no-show, featuring American Transit citations and analysis of denial rights in New York no-fault cases.
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A triable issue of fact
Court ruling shows defendant raised triable issue of fact on 30-day denial period through additional verification timing, shifting burden from carriers.
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