Preliminary injunction denied
Court denies preliminary injunction in NY no-fault insurance case where insurer failed to prove likelihood of success and irreparable harm in coverage dispute.
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March 2015 Articles
18 articles published in March 2015
Ime cut off succeeds
Court ruling clarifies IME notification requirements in no-fault cases, with defense succeeding in cutting off acupuncture benefits through proper medical examination procedures.
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Consolidated Attorney fee
EMA Acupuncture v Allstate clarifies attorney fee calculations in consolidated no-fault cases, establishing $850 maximum applies per aggregate claims from same accident.
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No-Show. Was it timely?
Court ruling explores whether IME notices were properly and timely mailed in no-fault insurance case, raising questions about timing requirements relative to bill receipt.
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Think your insured is not on the up and up? Well, don’t cash their premium check after you cancel their policy
Insurance companies that accept premium payments after policy cancellation may waive their right to claim the policy was void, as demonstrated in this New York case.
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Interesting discussion as to causation
New York court dismisses injury case where plaintiff failed to prove accident caused knee surgery, highlighting importance of objective medical evidence in causation claims.
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Misrepresentation based upon failure to serve last known address
Court grants vacatur of default judgment when plaintiff's counsel misrepresented defendant's address for service, establishing new precedent under CPLR 5015(a)(3).
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Why follow the law?
NY appellate court criticizes Justice Schack for ignoring precedent on standing defenses in foreclosure cases, ordering case reassignment.
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What happened here?
Court rules on no-fault insurance coverage dispute, addressing procedural issues with raising defenses for first time on appeal and excess coverage eligibility.
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Standing not expressly pleaded
New York appellate court ruling shows defendants don't need to explicitly plead lack of standing if their answer denies plaintiff's ownership of foreclosed property.
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The Arbitrator Charles Sloane 2106 rule: deemed arbitrary.
First Department rules that no-fault arbitrators cannot strictly enforce CPLR 2106 evidentiary requirements, calling such rigid adherence "arbitrary" in landmark decision.
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Illogical
New York appellate court highlights inconsistencies in no-fault insurance law regarding IME request timing and policy voiding procedures in healthcare provider billing disputes.
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Acupuncture may be billed using 97039 and 97026
NY court ruling on acupuncture billing codes 97039 and 97026 in no-fault insurance claims, establishing fee schedule guidelines for licensed acupuncturists.
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Obligations of Assignee and Authorized entity
Key court ruling on EUO obligations for healthcare providers with assigned benefits or authorization to pay in New York no-fault insurance cases.
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Delay for IME and EUO no shows
Power Supply Inc v Praetorian case establishes that insurers can maintain delay status for multiple no-shows until final EUO non-appearance triggers denial.
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Fraudulent prcourement defnese
Pennsylvania insurance policy rescission defense fails against innocent third parties in NY courts. Choice of law typically favors vehicle registration state in cross-border claims.
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Declaratory judgment action (again) moots the underlying Civil Court action
Court ruling demonstrates how declaratory judgment actions can effectively moot underlying Civil Court proceedings through res judicata doctrine in no-fault insurance disputes.
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Excusable neglect not acceptable
Court rejects attorney's heavy workload as excuse for missing deadline, emphasizing that mere neglect cannot justify vacating default orders in legal proceedings.
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