A hook to apply Unitrin in the Second Department through Clennon
Second Department case analysis applying Unitrin precedent through Clennon for EUO failures and provider scheduling requirements in NY no-fault insurance.
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October 2014 Articles
14 articles published in October 2014
Looking beyond the face of the agreement
Court finds fee-splitting arrangement violated Education Law, showing how contractual obligations can be challenged beyond no-fault insurance contexts.
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An Application of Langan
New York Court of Appeals applies Langan test for intentional loss coverage, examining accidents from insured's perspective in uninsured motorist claims.
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IME and EUO issues under Unitrin
Court ruling on IME no-show denials under Unitrin precedent - insurer's right to retroactively deny claims when assignor fails to appear for scheduled examination
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Acupuncture fee schedule defense again
Court ruling shows evolution in acupuncture fee schedule defense standards, moving from procedural comparison requirements to simpler denial efficacy tests.
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Mailing and denial issues
Court rules on no-fault insurance denial mailing issues in Urban Well Acupuncture v American Commerce, highlighting defective mailing proof and proper denial procedures.
Read More →![Abandoned (3215[c])](https://cdn.jtnylaw.com/blog/abdandoned.avif)
Abandoned (3215[c])
New York's CPLR 3215(c) requires dismissal when plaintiffs fail to seek default judgment within one year, as demonstrated in Acupuncture Works v NYC Transit case.
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Vacatur of the default granted
First Department case analysis showing factors courts consider when vacating defaults, including reasonable excuse requirements and service issues in NY litigation.
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A questionable release
Ford v Phillips case analysis examining a questionable personal injury release and burden shifting requirements in New York accident claims litigation.
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PF-NCS – a thought
Long Island no-fault attorney discusses PF-NCT testing defenses including fraud, coding disputes, and EMG/NCV overlap in medical necessity cases.
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My encounter with G0283
Long Island no-fault attorney discusses G0283 billing code replacing 97032 electrical stimulation and the need for prima facie burden of proof in fee schedule defenses.
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Disclosure penalties discussed
Court rules on discovery penalties when employees leave and corporate representatives fail to appear for depositions in NY personal injury cases.
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Those tax returns…
Appeals court reverses $330,000 personal injury award after trial court improperly blocked cross-examination about plaintiff's fraudulent tax filings in New York case.
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Alrof”t” (read the cited to decisions)
Two conflicting New York Civil Court decisions highlight ongoing debate over EUO no-show requirements and proper practice procedures in no-fault insurance cases.
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