Key Takeaway
No-fault insurance case highlights how small-dollar disputes can escalate into costly appeals, raising questions about proportionality in litigation strategy.
When Small Claims Lead to Big Questions: The Cost of Appealing $181.50
In the world of no-fault insurance litigation, even the smallest amounts can become the subject of appellate review. The case of DJS Med. Supplies, Inc. v Allstate Ins. Co. presents a fascinating example of how a dispute over a medical device worth less than $200 escalated to the appellate level, raising important questions about litigation strategy and cost-effectiveness.
This case illustrates common challenges in procedural issues that arise in no-fault insurance claims, where volume processing can sometimes lead to oversights. The discrepancy between a court’s judgment and its underlying decision creates complications that require careful attention to detail in both trial and appellate practice.
Jason Tenenbaum’s Analysis:
DJS Med. Supplies, Inc. v Allstate Ins. Co., 2016 NY Slip Op 51123(U)(App. Term 2d Dept. 2016)
This case was interesting because, as typically happens in volume cases, something is missed. Plaintiff felt it worth its while to appeal the $181.50 that it was entitled to after trial for the massager that was not opined upon. My question is why the heck didn’t Allstate just pay the guy the $181.50 plus costs? On the flip side, if Plaintiff has to file a reproduced record, would he have spent $3,000 to file this appeal? These are the questions I have reading this case. The outcome is meaningless.
Key Takeaway
This case demonstrates the practical realities of no-fault insurance litigation, where the costs of pursuing or defending claims can quickly exceed the amounts in dispute. It highlights the importance of strategic decision-making in litigation procedures and raises questions about proportionality when small-dollar claims reach the appellate level.
