DJ victory from the First Department
First Department upholds no-fault insurer's EUO no-show denial with proper mailing proof despite incomplete attorney affidavit in Hertz Corp. v Active Care
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January 2015 Articles
10 articles published in January 2015
The missing EMG/NCV undermined the expert’s analysis
Expert testimony undermined in 5102(d) serious injury case when EMG/NCV study missing critical conclusion page showing radiculopathy - Fourth Department analysis
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Lack of medical necessity defense upheld
Court upholds medical necessity defense despite plaintiff's challenges to peer review doctor qualifications in Five Boro Med case.
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Another acupuncture fee schedule challenge fails
New York court upholds GEICO's fee schedule reductions for acupuncture services, rejecting provider's challenge in workers' compensation case.
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Proof insufficient to show mailing
Court finds insufficient proof of mailing for IME scheduling letters, highlighting the importance of establishing proper office procedures for no-fault insurance cases.
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Interest and attorney fee
Court finds excessive interest calculation in no-fault case affects attorney fees under 11 NYCRR 65-4.6, highlighting importance of proper interest calculation periods.
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Alrof hits Ameriprise
Ameriprise loses summary judgment motion due to lack of personal knowledge proof for EUO no-shows, following the established Alrof precedent in New York no-fault law.
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Paid in full?
New York court ruling clarifies that accepting partial payment doesn't create accord and satisfaction, even when check states "paid in full" without proper agreement.
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Inability to pay will not allow vacatur of stipulation
NY court rules financial hardship alone cannot void settlement stipulations, emphasizing courts' preference for enforcing agreements once parties consent.
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What happened Mr. Rookie?
Court rules on insurance policy cancellation for nonpayment, discussing burden of proof requirements and statutory compliance under Vehicle and Traffic Law § 313.
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