So you sued the TPA and not the insurance carrier – now what?
Analysis of B&R Consol. v Zurich case on suing TPAs vs insurance carriers, agency relationships, and vicarious liability under NY Insurance Law § 3420(b).
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September 2014 Articles
7 articles published in September 2014
Peer review of acupuncture not substantitated
Court rules peer review report insufficient to deny acupuncture no-fault claims when review only addressed prior time period, not future treatments.
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Default not granted and a questionable appeal
Court grants extension to answer despite weak law office failure excuse. Attorney questions plaintiff's strategy of pursuing default instead of summary judgment.
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Submit order?
Court rules on 60-day submission deadline for proposed orders in NY litigation, explaining when 22 NYCRR 202.48 applies and procedural requirements.
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Fee schedule in New Jersey
New Jersey fee schedule requirements for NY no-fault claims when providers perform services outside New York State under 11 NYCRR § 68.6 prevailing fee regulations.
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“All in one” debacle is not good law
Donoso v Motor Vehicle Accident Indemnification Corp challenges the "All in One" case law on medical necessity in no-fault insurance claims, showing poor precedent.
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Disqualification not necessary on EUO no-show case
Court rules disqualification of insurer's law firm was unnecessary in EUO no-show case where summary judgment was granted, making trial moot under NY no-fault law.
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