Proof of damages
Learn how oral testimony alone can establish proof of damages in construction cases, even without documentary evidence, based on witness knowledge and experience.
Read More → 📅
August 2015 Articles
19 articles published in August 2015
The denial is the operative document for prima facie purposes
Kings County Civil Court rules that receiving an NF-10 denial form from an insurer is sufficient to establish prima facie proof that a medical claim was properly submitted and received.
Read More →
Time frame to deny following EUO
New York no-fault insurance case: Time limits for claim denials after examination under oath (EUO). Court rules on 30-day deadline requirements.
Read More →
3212(f) – motion denied
Court denies insurer's summary judgment motion after defendant's late discovery responses prevent plaintiff from responding to medical necessity challenge.
Read More →
An appeal is not a second chance to right what once went wrong.
Court rejects appeal argument raised for first time, emphasizing that appeals aren't opportunities to introduce new claims after initial proceedings conclude.
Read More →
Nonsensical appeal
Court rules EUO scheduling letters untimely when requested beyond 15 business days, making them nullities under New York No-Fault Regulations despite insurer's appeal.
Read More →
Chutzpah
Court rejects plaintiff's claim that certified mail was timely sent despite postmark showing late delivery in no-fault insurance notice case.
Read More →
Coder’s affidavit is sufficient to prove non-conformity with the fee schedule
Court ruling establishes that certified professional coder's affidavit can prove proper fee schedule application, potentially impacting arbitration arguments about coder qualifications.
Read More →
No show not susbtantitated
Court ruling highlights insurance companies must prove they actually appeared at scheduled EUOs when claiming assignor failed to show up for examination.
Read More →
Unsure
Court reverses Maya Assurance IME no-show case due to failure to prove timely mailing of scheduling letters, highlighting ongoing issues with IME procedures.
Read More →
Cancellation of insurance policy
Court ruling highlights insurance companies' burden to prove proper DMV notification when canceling policies, affecting no-fault insurance defenses in New York.
Read More →
Allowing non-sense to continue
Court allows bare "I responded to verification" affidavit to defeat summary judgment motion, despite no actual verification documents being submitted as evidence.
Read More →
Entering judgment on a settlement – not what you thought
Court rules Kings County Clerk lacked authority to enter clerk's judgment on settlement stipulation requiring notice and unspecified amount under CPLR 3215(i)(1).
Read More →
Biomechanical evidence allowed
Court ruling expands use of biomechanical expert testimony in personal injury cases, establishing qualifications needed for engineers to opine on accident causation.
Read More →
Depositions of medical providers
Court rules on deposing medical providers in no-fault insurance cases when medical necessity is disputed, analyzing discovery rights under CPLR 3101(a).
Read More →
The abbreviated Brill rule applies (again)
Court applies unpublished 60-day rule for summary judgment motions, raising questions about precedential effect of unpublished procedural requirements.
Read More →
Use and Operation: Duty to rescue inures first-party coverage
NY court rules firefighter injured during rescue operation entitled to SUM coverage when accident arose from negligent vehicle use - duty to rescue analysis.
Read More →
Default judgment upheld
Appeals court upholds default judgment against defendants who failed to comply with discovery order in State Farm no-fault insurance case, requiring reasonable excuse and meritorious defense.
Read More →
Loss Transfer limitations
New York no-fault insurance loss transfer limitations and mandatory arbitration procedures under Insurance Law § 5105. Court ruling on arbitrator authority.
Read More →