Venue
Court dismisses venue change motion when defendant fails to prove plaintiff's improper venue choice with sufficient evidence beyond accident report.
Read More → 📅
August 2014 Articles
33 articles published in August 2014
Supplemental affirmation on a DJ case acceptable and res judicata mandates dismissal of complaint
Court rules supplemental affirmation acceptable in DJ case and res judicata mandates dismissal of no-fault complaint after prior declaratory judgment ruling.
Read More →
Back when DJ’s roamed the earth
Ultimate Health Prods. v American Tr. Ins. Co. case analysis on declaratory judgment actions, res judicata, and no-fault insurance coverage disputes in New York courts.
Read More →
A case better left unappealed
When typos in court filings undermine insurance companies' coverage defenses, even simple clerical errors can have significant legal consequences in no-fault cases.
Read More →
EUO no-show defense sustained
Natural Therapy Acupuncture v State Farm: Court sustains EUO no-show defense, reinforcing insurer burden of proof for scheduling letters and attorney presence.
Read More →
Post PT treatment not medically appropriate – chiro treatement considered
Court rules on physical therapy medical necessity denial based on chiropractor and physician IME reports, raising questions about cross-disciplinary treatment evaluations.
Read More →
Verification defense upheld
NY court upholds verification defense in no-fault insurance case, ruling defendant need not prove verification letters weren't tampered with per Schozer precedent.
Read More →
An oral notice of claim is deemed sufficient notice?
New York court rules oral notification sufficient for no-fault claims, raising questions about written notice requirements and trial strategy in insurance disputes.
Read More →
Hearsay
Court ruling on limiting cross-examination of medical examiner regarding non-authoritative texts and hearsay evidence not admitted at trial.
Read More →
Interest-ing
New York court rules on when statutory interest begins accruing on no-fault insurance claims - from filing or service of summons and complaint under CCA 412.
Read More →
Triangle R again
Court rejects insurer's attempt to pursue fraud depositions without properly preserving defenses, highlighting importance of timely claim denials in no-fault cases.
Read More →
Landlord Tenant (of interest to a few of you)
New York landlord-tenant law case Guy v Washington on estoppel when landlords request early vacation and tenant compliance bars lease enforcement.
Read More →
An interesting dissent on a 5102(d) case
Appellate Term dissent in Vale v Floyd highlights critical errors in proving serious injury under Insurance Law 5102(d), including failure to establish normal range of motion baselines.
Read More →
Another 3101(d) case
New York appellate court reinforces strict compliance with CPLR 3101(d) expert disclosure rules, precluding witnesses disclosed after trial began without explanation.
Read More →
Death knell to 2309(c)
Court of Appeals case on CPLR 2309(c) compliance for out-of-state affidavits in New York no-fault insurance litigation, establishing proper notarization standards.
Read More →
CPLR 3101(d) not violated
NY court rules CPLR 3101(d) expert disclosure violation doesn't require automatic preclusion without showing willfulness or significant prejudice to opposing party.
Read More →
Prima facie case not established
New York court ruling demonstrates how healthcare providers can fail to establish prima facie cases in no-fault insurance disputes by not proving timely payment or denial issues.
Read More →
IME no shows reversed
Appellate Term clarifies burden of proof for insurers denying no-fault claims based on missed IMEs. Learn how proper documentation can reverse unfavorable trial court decisions.
Read More →
It was timely
New York appellate court clarifies when insurance companies can prove they properly mailed denial of claim forms through affidavit testimony from litigation examiners.
Read More →
There is no policy of insurance in effect – the standard is set forth below
New York court clarifies insurance companies don't need exhaustive documentation when proving no coverage exists, setting practical standards for no-fault cases.
Read More →
Wrong carrier (again)
Court dismisses no-fault case when healthcare provider sued wrong insurance carrier, highlighting importance of proper defendant identification in insurance claims.
Read More →
A citing of the Anti-Fair Price regulation
Court analysis of Anti-Fair Price regulation's impact on no-fault insurance defenses and preclusion rules in New York personal injury cases.
Read More →
Insufficient proof that the IME letters were not received
Court ruling on insufficient proof that IME scheduling letters were not received in NY no-fault insurance case, establishing mailing presumptions and burden of proof.
Read More →
Jules said he is not bound by the Appellate Term’s holdings
NYC Civil Court judge refuses expert testimony on hearsay grounds despite Appellate Term precedent requiring such testimony in no-fault medical necessity cases.
Read More →
Medical necessity reversals
Two 2014 New York appellate decisions demonstrate how insurance companies can successfully challenge medical necessity claims when healthcare providers fail to properly rebut peer review reports.
Read More →
MVAIC default vacatur motion denied
MVAIC default vacatur motion denied in Delta Diagnostic case. Court finds notarized claim form and police report sufficient proof of NY residency under Insurance Law § 5202.
Read More →
New York Central Mutual has got tied up in Sound Shore (again?)
New York Central Mutual tied up in Sound Shore case again - analysis of verification requests and procedural issues in no-fault insurance claims dispute between Mount Sinai Hospital and insurer.
Read More →
Reargument granted and complaint dismissed under PA law
New York court applies Pennsylvania insurance law to dismiss no-fault benefits claim where injured party was complicit in insurance fraud scheme.
Read More →
Acupuncture paid at physician rate sustained on appeal
NY appellate court sustains acupuncture provider's right to physician rates over chiropractor schedule in no-fault insurance fee dispute case analysis.
Read More →
Failure to appear may not result in dismissal with prejudice
NY court rules that dismissal for failure to appear at conference should be without prejudice, not with prejudice, as it's not a determination on the merits.
Read More →
When a delay letter is not good enough
Court rules delay letters requesting EUO without verification insufficient to toll 30-day payment deadline in NY no-fault insurance cases - key requirements explored.
Read More →
An objective basis is not needed (again) to schedule an EUO
New York court rules insurers don't need objective basis to schedule EUO in no-fault cases. Flow Chiropractic v Travelers establishes carrier discretion.
Read More →
Acupuncture fee schedule
New York acupuncture fee schedule case analysis - chiropractor rate reductions, evaluation codes, and physical therapy billing issues in no-fault insurance claims.
Read More →