Another IME no -show – but this was mine so it is blogworthy
Personal injury attorney discusses court ruling on IME no-show affidavits and evidence requirements for New York no-fault insurance cases.
Read More → 📅
June 2015 Articles
9 articles published in June 2015
Court apparently finds CPLR 3211(a)(4) sufficient to dismiss part of DJ
NY Supreme Court dismisses part of declaratory judgment action under CPLR 3211(a)(4), contradicting established precedent from American Transit v. Solorzano case.
Read More →
Preponderance on a Mallela case
Court rejects preponderance vs. clear and convincing evidence standard argument in Mallela defense case involving unlicensed professional corporation control.
Read More →
IME cut off not rebutted
Court rules that plaintiff's treating therapist affidavit failed to meaningfully address IME findings, allowing insurance company's treatment denial to stand.
Read More →
Declaratory judgments: the minimum necessary to obtain collateral estoppel effect
Learn when declaratory judgments obtain collateral estoppel effect in NY insurance law. Key cases show orders must contain actual declarations, not just settlement directions.
Read More →
Some fines issued
New York court imposes $1000 sanctions on law firms for failing to timely withdraw settled no-fault insurance appeal, highlighting procedural requirements.
Read More →
Unitrin is now followed in the Fourth Department
Fourth Department follows Unitrin ruling on timely notice requirements, allowing default judgment when insureds fail to provide written accident notice as condition precedent.
Read More →
What is a prima facie case? I still do not have an answer
Court of Appeals clarifies prima facie case requirements for no-fault insurance summary judgment, requiring proof of mailing and business records compliance.
Read More →
Civil judgments cannot be used to question a party’s credibility
New York courts limit cross-examination on collateral issues like employment history and credit, as civil judgments cannot be used to attack witness credibility.
Read More →