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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December 2016 Articles
24 articles published in December 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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Mallela limitation case not going to the Court of Appeals
Court of Appeals denies leave in Mallela limitation case, ending a problematic Article 75 petition that should never have reached appellate level.
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Occupied? Pedestrian?
Court clarifies when someone transitions from vehicle occupant to pedestrian status, impacting no-fault insurance coverage eligibility in New York.
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Wrong records? Inadmissible opinion
Expert opinions based on incorrect medical records are inadmissible and insufficient for summary judgment. Court rejects defense experts who relied on switched notes.
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IME watchdog
New York court rejects IME Watchdog's claims against defense firm for excluding non-attorneys from medical exams, finding no tortious conduct or irreparable harm in no-fault cases.
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Adjournments not granted as a matter of course
New York courts have discretion to deny adjournments when attorneys lack due diligence. Learn about court adjournment standards and legal requirements.
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SUM jury verdict sustained
Court upholds jury verdict denying serious injury claim despite plaintiff's shoulder surgery and medical testimony in GEICO insurance dispute.
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Material misrepresentation again
Court modifies Fatmir rule requiring insurers to provide documentation of underwriting practices to establish material misrepresentation in policy procurement cases.
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Another Loss Transfer
Court ruling on loss transfer arbitration requiring respondent carriers to provide affirmative proof when challenging medical payments in NY no-fault cases.
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Business record discussion in foreclosures
New York's Second Department reaffirms business record authentication standards in foreclosure cases, showing how CPLR 4518 requirements remain crucial for establishing mortgage holder status.
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Article 75 review dissected
Analysis of Golden Earth Chiropractic v Global Liberty case examining master arbitrator powers vs factual review authority in NY no-fault insurance disputes.
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5102(d) examined at trial against MVAIC
Court ruling demonstrates that expert testimony on range of motion limitations and orthopedic tests can establish serious injury threshold under NY Insurance Law 5102(d).
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Voluntary inter-company arbitration
Voluntary inter-company arbitration case where insurer exceeded policy limits in award, highlighting importance of rejecting arbitration when limits may be surpassed.
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Timely EUO letters
Court clarifies that EUO scheduling letters must be sent within 30 days of claim receipt, reinforcing timing requirements under New York no-fault insurance law.
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VTL cancellation issues
New York no-fault insurance case on VTL § 313 cancellation requirements and DMV filing proof issues for policy termination validity.
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