Arizona and ATIC
New York appellate decision highlights critical issues with notice delivery in insurance cancellations and problematic attorney conduct during depositions in ATIC case.
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2017 Legal Articles
202 articles published in 2017
202
Total Articles
12
Active Months
17
Avg per Month
2017 by Month
Featured Articles from 2017
Arbitration is waivable
New York arbitration law allows waiver of arbitration clauses when fee sharing and venue provisions prevent statutory wage claims from being pursued.
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Alleviation is going to the Appellate Division – what happens next is for you to decide.
Allstate's motion for leave to appeal Alleviation Medical Services case granted by Appellate Division. Analysis of potential outcomes and regulatory implications.
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Giant Oops from the Appellate Term
Appellate Term grants clarification motion on 9% interest rate in no-fault case despite CPLR 5004 allowing different rates when other statutes apply.
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Was the Plaintiff the owner? Court says triable issue of fact.
Fourth Department ruling establishes triable issue of fact regarding vehicle ownership despite conflicting documentation and testimony in no-fault insurance case.
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Was the femur broken in the accident?
Court highlights credibility issues when plaintiff claims femur fracture but walks unassisted post-accident, creating factual disputes in no-fault threshold cases.
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The cited to report raised an issue of fact
New York court finds defendant's expert report created fact issues by relying on plaintiff's medical records showing accident-related injuries and limited range of motion.
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Out of scope peer: it is okay
Queens Village Medical case examines when physical medicine experts can testify about orthopedic peer reviews in NY no-fault insurance disputes and expert witness competency rules.
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Fee schedule defense not substantiated
NY court rules insurance company failed to substantiate fee schedule defense by not proving correct conversion factor was used in calculating reimbursement rates.
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Partial response to verification insufficient
New York no-fault case shows partial response to verification requests is insufficient - providers must fully comply or risk premature dismissal of benefits claims.
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