IME no-show (First Department)
First Department ruling establishes key standards for proving IME no-shows in no-fault cases, requiring proper notice and competent evidence of nonappearance.
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July 2014 Articles
15 articles published in July 2014
Walking out of an EUO leads to a disclaimer and a whole lot more
Walking out of an EUO leads to disclaimer and coverage denial. Court rules insured who departed mid-examination breached policy conditions in NY no-fault case.
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EUO no show sustained
EUO no show sustained - Court grants summary judgment against medical provider when assignor failed to appear for scheduled Examination Under Oath in NY no-fault case.
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Another Golia on the bench
Attorney Jason Tenenbaum reflects on Hon. Donna Marie Golia joining the bench, following in her father Justice Joseph Golia's distinguished judicial footsteps.
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Discovery sanction of dismissal was warranted
New York court upholds dismissal of no-fault insurance case for willful discovery violations under CPLR 3126, demonstrating when drastic sanctions are warranted.
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Statute of Limitations defense was SOL
New York court rules on statute of limitations defense failure when defendant couldn't prove non-service despite claiming never receiving complaint.
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Surgery was done so well that plaintiff lost his day in court
New York court dismisses serious injury claim after successful shoulder surgery restored full range of motion, highlighting how effective medical treatment can defeat no-fault threshold cases.
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No reasonable excuse found
Court finds no reasonable excuse for default in no-fault declaratory judgment action where medical providers failed to respond despite proper service.
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Prima facie case
Court reaffirms essential elements of prima facie case in no-fault insurance claims, emphasizing medical providers must prove denial issues beyond just non-payment.
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Timely denials necessary and a citation to Westchester/Lincoln
New York court rules on timely denial requirements for IME/EUO no-show cases, questioning continued reliance on 2009 Westchester/Lincoln precedent despite newer case law.
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Partial summary judgment declined after motion
NY court declines partial summary judgment in no-fault case, finding triable issues of fact regarding medical necessity of services despite defendant's cross-motion.
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An ALROF citing
SP Chiropractic v. IDS shows another court citing Alrof's flawed requirement for personal knowledge proof of EUO no-shows, highlighting ongoing insurance defense failures.
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Where did 4518 come from?
New York Appellate Term references CPLR 4518 in no-fault mailing case, raising questions about business record foundations and evolving legal standards.
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Notice of Entry is not what some think it means
Court rules Notice of Entry requirement can nullify summary judgment orders in NY no-fault insurance cases, highlighting procedural pitfalls for providers and insurers.
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Posts will resume this weekend
Attorney Jason Tenenbaum apologizes for a two-week delay in blog posts due to an intensive trial in Riverhead and catching up on law firm responsibilities.
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