Unitrin has been back-doored into the Second Department
Second Department reverses Bronx Supreme Court ruling, applying Unitrin precedent to vacate master arbitrator's award in NY no-fault insurance case involving IME no-shows.
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May 2016 Articles
21 articles published in May 2016
Article 75 attorneys fees are now limited
Court limits Article 75 attorney fees to $650 in no-fault insurance arbitration proceedings, raising questions about DFS regulation interpretation.
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The Pike maneuver
A witness in a personal injury trial claimed the plaintiff performed a "Pike maneuver" learned from watching TV's Cops show, highlighting unusual trial testimony.
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A really bad default
New York appellate court case rejecting law office failure excuse for default, showing pattern of persistent inaction and willful neglect by defense counsel.
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EUO no show not substantiated
New York court finds insurance company failed to prove EUO no-show due to inadequate attorney affirmation lacking personal knowledge and proper procedural documentation.
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Incarceration is a valid excuse for no-show EUO
New York court rules that incarceration creates triable issues for excusable no-show at examination under oath, requiring case-by-case analysis of circumstances.
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Ime no show loses on lack of personal knowledge allegatiob
New York court finds triable issues when insurance company claims IME no-show without proper foundation, highlighting burden of proof requirements in no-fault cases.
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MVAIC created issue of fact
MVAIC's contradictory evidence about notice of claim filing created triable issues, demonstrating why defendants shouldn't introduce conflicting proof in no-fault cases.
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It really was not on consent
Court case about correcting order notation from "consent" to reflect actual oral argument in no-fault insurance provider lawsuit against Tri-State Consumer Insurance.
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3-2-1 Contact!
A significant no-fault insurance case heads to New York's Court of Appeals, potentially resolving the statute of limitations dispute for self-insured entities.
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A Wagman/Bradshaw foundation is necessary for EMG/NCV results
Appellate court ruling requires proper foundation for EMG/NCV electrodiagnostic test reports in personal injury cases under Wagman/Bradshaw standard.
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It is not hearsay: 4518 and 4539
New York court ruling on insurance policy declaration pages: not hearsay under CPLR 4518 and 4539, plus authentication requirements for electronic records.
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CPT Code 97026
Court reverses summary judgment denial for CPT code 97026 infrared therapy billing, reinforcing recent case law favoring healthcare providers in no-fault disputes.
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General Construction Law applies (again)
Court confirms General Construction Law timing rules apply to no-fault denials, emphasizing proper mailing procedures and calculation of deadlines in insurance disputes.
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Staged accident not proven
Court rules insurance company failed to prove staged accident claims due to inadmissible evidence and lack of personal knowledge in NY no-fault case.
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Problems in the Progressive affidavits (again)
Progressive's flawed EUO scheduling affidavits fail to prove proper mailing, allowing medical providers to skip examinations and creating enforcement challenges.
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EUO fee not a condition precedent to appearance at EUO
Court rules EUO fee demands are improper - providers cannot require upfront payment before attending examination under oath in NY no-fault cases.
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Negligent hand shaking is not actionable
Court dismisses negligent handshaking lawsuit, ruling that ordinary social interactions don't create sufficient risk of harm to establish legal liability under New York law.
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90/180 from the Fourth Department
The Fourth Department clarifies what evidence plaintiffs need to defeat 90/180 threshold summary judgment motions in no-fault cases, emphasizing objective medical findings and activity restrictions.
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An interesting credit card case
This NY appellate case shows credit card companies must prove breach of contract and account holder assent, creating potential defenses for cardholders facing collection lawsuits.
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AAA is licensed to transact business in NY – and recission not allowed
NY court rules AAA Michigan must follow NY law despite out-of-state status, blocking policy rescission to protect innocent third parties in no-fault claims.
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