Another Geffner sighting
Court decision requiring medical experts to demonstrate proper qualifications when testifying outside their specialty area in NY personal injury cases.
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December 2014 Articles
27 articles published in December 2014
It is not 5015 but 317
Court case analysis on CPLR 317 defense for defendants who didn't receive proper notice of summons, exploring alternatives to CPLR 5015 for vacating defaults.
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Valid excuse for law Office Failure
Court accepts law office failure as valid excuse for missing conference when defendants provide detailed, credible explanation for miscommunication between attorneys.
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IME no-show substantiated again
Appellate Term reverses Civil Court ruling on IME scheduling letters, finding that 48-hour cancellation notice requirement complies with No-Fault Regulations.
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From the eyes of the insured has its limits
NY court rules staged accident schemes void coverage regardless of innocent third party status - challenges Langan doctrine on intentional acts
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A good causation case
New York Court of Appeals case demonstrates how timing gaps between accidents and medical complaints can break the causal chain in personal injury claims.
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First Department upholds EUO DJ victory
First Department upholds declaratory judgment victory for insurer after assignors failed to appear at scheduled examinations under oath in no-fault case.
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Quality or Amex?
Court wrestles with Quality vs Amex theories for proving IME no-shows, highlighting ongoing legal tensions in New York no-fault insurance cases.
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No-show failed the Alrof test
Court ruling demonstrates how insurance companies must meet strict procedural requirements when denying no-fault claims based on missed EUOs and IMEs under established legal standards.
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Unpreserved and without merit
New York court rules on assignment of benefits standing requirements in no-fault insurance case, discussing "on file" statements and claim form requirements.
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A worthless preclusion order
Court rules discovery preclusion orders are worthless when insurance denials admit receipt of medical bills, allowing no-fault providers to prove their case at trial.
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Incorrect zipcode is fatal to mailing of the letters
A New York court ruling demonstrates how an incorrect zip code on IME scheduling letters can defeat an insurance company's proof of mailing in no-fault cases.
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EUO objections *may* be futile
Court ruling shows that EUO objections may be waived if providers fail to respond to scheduling letters, even when objecting to the letters' adequacy or content.
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First class mail is sufficient even when certified mailing is returned
Court rules first class mail is sufficient for EUO notices even when certified mail tracking shows non-delivery, expanding mailing requirement precedent.
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MVAIC trouble
MVAIC coverage requirements vary by judicial department, creating strategic considerations for no-fault insurance claims involving burden of proof standards.
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Mailing and the first time “objective” has landed in a medical rational case
Court ruling establishes "objective medical explanation" requirement for no-fault insurance medical necessity defenses and highlights proper mailing procedure standards.
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On receipt and mailing
Analysis of Medcare Supply v Farmers decision on no-fault insurance mailing requirements and affidavit standards for proving receipt and non-receipt of claims.
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CPLR 3216 again
CPLR 3216 case analysis: Restoration Sports & Spine v Geico on dismissal requirements for no-fault insurance claims and justifiable excuse standards.
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A timely denial with errors
Second Department ruling on timely NF-10 denial forms with errors - when nonprejudicial mistakes don't invalidate proper no-fault insurance denials.
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A true insurance attorney has passed
Remembering Norman Dachs, pioneer personal injury attorney and respected no-fault insurance master arbitrator who challenged legal boundaries and elevated practice standards.
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Contemporaneous medical records sufficient
Court ruling demonstrates how contemporaneous medical records can establish causation between accidents and injuries, with implications for no-fault insurance claims.
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Triable issue of causation established
Court establishes triable issue of fact on causation in personal injury case, highlighting importance of medical expert testimony and comparative MRI evidence.
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It did not work the second time around
New York appellate court decisions show inconsistent rulings on no-fault insurance medical necessity and causation claims, highlighting unpredictable outcomes.
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Failed to adduce that (s)he was an expert
New York court ruling on expert witness qualification requirements - what must be included in expert affidavits and CVs to establish admissibility in personal injury cases.
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Break in the chain of causation
New York court ruling on causation breaks when injury treatment is delayed 6 months after motor vehicle accident, making medical opinions speculative.
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Waiver through silence
Grace v NYC Transit case demonstrates how failing to object to jury instructions and verdict sheets results in waiver, requiring fundamental error for appellate review.
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Amendment of caption is allowable
Court ruling allows plaintiff to amend caption to correct corporate name misnomer, establishing no prejudice standard for such procedural corrections.
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