Enough with the Rybak verification affidavit

I have no personal vendetta. I have the same criticisms about various defense attorneys and the clients they represent. Read the blog and you can figure it out. But your verification opposition is over the top.

This does NOT sound like a personal vendetta. And you dispense with the same type of criticism and wishes to other counsel and their WELL BEING. “This is my plea to those at the Appellate Term who read this blog. You seriously need to stop finding triable issues of fact on verification cases because: “However, in opposition to the motion, plaintiff submitted an affidavit from plaintiff’s owner, which affidavit was sufficient to give rise to a presumption that the requested verification had been mailed to, and received by, defendant” “A copy of the “affidavit” of compliance and a statement that this is used in every verification case will probably cause the App. Div. to look into these cases.” If these clients you speak of and their VERIFICATIONs are so over the top, then call them at trial and direct or cross examine them and let the trial of fact DETERMINE their veracity. the court should not be deciding the veracity of the witness or their testimony on an sj motion. you also made a very interesting point in the blog above, “While I try to solve these proof problems at the Appellate Division, this will surprise you to know that all of my Rybak verification cases have settled or have been resolved. My hands are tired, otherwise I would have been on top of this awhile ago.” If you and your clients BELIEVE in your case and position then go ahead and try the case whey settle. settlement implies or at least hints at the fact that your clients are not the straight shooters you make THEM out to be but have skeletons in their closets that would expose their “verification requests” for what they are, a complete and total sham. an intentional delay tactic and a ploy not to pay the claims when the carrier knows it should. another red-tape dilatory claim handling PRACTICE. a trial on this issue will make everyone either put up or shut up. no point to attack others online. prove your case. that is it. Again THANKS for the blog, I love it, I read it and I use it. The best place for no-fault.

Oh my goodness jason … oh boy …. oleg is shaking why so angry … what you describe does sound any worse than the submission of an ime report or peer review report on a carrier’s motion for sj. pure garbage. and the motions filled with press releases and news paper clippings. does that still go on. These uncontrollable feelings of rage will prove to be your undoing. relax.

The problem is that all too often some carriers use the verification process as both a sword and a shield. Judges and arbitrators are often hamstrung by the regulations. Too bad the insurance department does not investigate those insurers – much as the great ray Zuppa tried to get them to do.

The insurance department is the carriers. As stuart israel says “industry capture.” … or what is commonly called “corruption” … or what i call “fascism.”