Rocket Docket – to the moon
New York no-fault arbitration case analysis where late submissions led to rocket docket preclusion despite provider's failure to object, highlighting systemic issues.
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2016 Legal Articles
205 articles published in 2016
205
Total Articles
10
Active Months
21
Avg per Month
2016 by Month
Featured Articles from 2016
Causation defense not substantiated in intercompany arbitration
Court upholds intercompany arbitration award where causation defense fails - DTG Operations v Travelers case analysis on injury causation standards.
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Why are cariers filing DJ’s against the Anikeyev providers?
Attorney Jason Tenenbaum examines why insurance carriers file declaratory judgment actions against Anikeyev medical providers despite prior adverse rulings and collateral estoppel principles.
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Georgia Law and New York law on material misrepresentations
Georgia and New York laws both prohibit retroactive rescission of auto insurance policies despite material misrepresentations in procurement applications.
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Verdict in favor of Plaintiff sustained
Court sustains verdict for plaintiff in no-fault MRI medical necessity case after finding defendant's expert witness testimony not credible despite qualifications.
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Innocent third-party plays out under Pennsylvania law analysis
Pennsylvania insurance law case shows that policy rescission may not affect innocent third parties, highlighting complex choice of law issues in no-fault insurance disputes.
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Mailing affidavit is wrong
Court rejects medical supplier's affidavit claiming claim form was mailed before it was even created, highlighting the importance of accuracy in legal documentation.
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Another EUO bonanza
J.K.M. Med. Care v Ameriprise: Court rules on EUO scheduling requirements, malpractice implications, and assignment timing in New York no-fault insurance case.
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A feckless appeal by Ameriprise
Ameriprise's appeal backfires as court rules late EUO scheduling letters are nullified, showing how insurers' procedural mistakes can benefit healthcare providers in no-fault claims.
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Attorney fee limitations
Court ruling clarifies that the 2014 attorney fee increase for no-fault insurance cases is not retroactive, supporting the $850 statutory maximum for pre-amendment cases.
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