Sanctioned for good reason?
New York appellate court sanctions law firms $1500 and $500 for failing to notify court of settlement, highlighting repeated violations by The Rybak Firm in no-fault cases.
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October 2015 Articles
20 articles published in October 2015
A CPLR 3101 lesson
Analysis of Cruz v City of New York regarding CPLR 3101 discovery rules, witness testimony, and evidence admission in New York personal injury litigation.
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Unitrin citing that hits upon the Longevity factors
New York court ruling clarifies timing requirements for IME requests under no-fault insurance regulations, highlighting tensions between different regulatory provisions.
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Personal knowledge and other appropriate means
New York appellate court clarifies evidence standards for proving IME no-shows, requiring personal knowledge or other appropriate means rather than inadequate documentation.
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Failure to enter a default excused
First Department court excuses plaintiff's failure to enter default judgment within one year in no-fault benefits case, highlighting inconsistent standards across NY departments.
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Discontinuance (CPLR 3217)
Analysis of CPLR 3217 discontinuance rules including court discretion, attorney fees recovery, and prejudice standards in NY litigation.
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What is “other appropriate means”?
New York court ruling explores what constitutes "other appropriate means" to prove EUO no-shows beyond personal knowledge, leaving this critical legal standard undefined.
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New Jersey fee schedule prevails
New Jersey fee schedule prevails in NY no-fault cases for out-of-state services. Appellate Term ruling on geographic fee schedules and post-2013 defense changes.
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EUO & IME no show
Court denies plaintiff's motion in no-fault case due to failed verification compliance and assignor's failure to appear for required IMEs and EUOs.
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Sanctions and a very annoyed court
Court sanctions attorney for filing briefs with false statements about evidence admissibility and sworn testimony in MVAIC no-fault insurance cases.
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The Reply that introduced a proper reply was itself proper
Court rules that unsigned peer review reports can be properly remedied when identical signed versions are submitted in reply papers without prejudicing the opposing party.
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The errant notice to admit
Court rules improper notice to admit cannot establish prima facie case for no-fault insurance EUO nonappearance, highlighting discovery limits in litigation.
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Unitrin citing in the Second Department
Second Department court cites Unitrin precedent in no-fault insurance case, reinforcing that willfulness is not required to prove failure to cooperate in EUO matters.
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Lawsuit does not stand against assignor who no-showed to EUOs
Court rules medical provider cannot sue assignor who failed to appear at EUO, highlighting limits of assignment-based lawsuits in no-fault insurance cases.
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Another Alrof citing
New York appellate court reinforces Alrof precedent requiring personal knowledge proof for EUO non-appearance claims in no-fault insurance litigation.
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Unsworn letters not enough
Court ruling shows unsworn, unsigned letters of medical necessity lack probative value in no-fault insurance disputes, emphasizing proper documentation requirements.
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Additional verification not produced is probative of nothing
Court ruling establishes that additional verification not produced proves nothing in no-fault insurance claims, addressing verification requests and IME/EUO requirements.
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EUO no-show and verification non-receipt
Court ruling on no-fault insurance verification requests and EUO scheduling - insurer's timely mailing vs plaintiff's non-receipt and no-show defenses.
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Pennsylvania law
Delta Diagnostic v Infinity Group case shows NY court vacating consent order due to changed Pennsylvania insurance law interpretation affecting retroactive policy rescission burden of proof.
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The backtracking of Unitrin
Long Island court cases analyzing IME scheduling compliance under Insurance Department Regulations, examining when no-show denials fail due to improper timing requirements.
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