Mailed to the wrong address – okay
Allstate v. Longevity Medical Supply case analysis - court confirms master arbitrator award despite wrong mailing address argument under NY No-Fault law
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January 2017 Articles
10 articles published in January 2017
A gem regarding attorneys fees
Analysis of CIP Physical Therapy v. Lawsky case challenging DFS attorney fee regulations in New York no-fault insurance practice, comparing hourly fee systems across states.
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15 days is 360 hours
Court rules 15-day insurance cancellation notice means 360 hours, not calendar days. Supreme Court incorrectly calculated notice period in Global Liberty v Cedillo case.
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Driver EUO
Attorney Jason Tenenbaum analyzes a driver EUO case involving contradictory testimony about a livery vehicle accident, highlighting patterns in commercial insurance investigations.
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Rescission not upheld
New York court rejects insurance rescission under Florida law when insurer failed to provide proper notice and return premiums within reasonable time after discovering fraud.
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Fogel again-
Court rejects distinction between EUO no-shows before and after claim submission, reinforcing uniform contractual remedy standards in no-fault insurance disputes.
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Some doors have swung open
Court case analysis on timely notice requirements for no-fault insurance claims, examining whether NF-3 forms can serve as proper accident notice to carriers.
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The deemer acts to dismiss complaint against MVAIC
NY deemer statute allows courts to dismiss complaints against MVAIC when insurance coverage may be deemed to exist despite policy disclaimers under Insurance Law sections 370 and 5107.
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Answer rejected through subsequent motion for default
First Dept. ruling expands definition of "rejected" answers, allowing default motions within 15 days to effectively reject untimely responses in litigation.
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How far do we take collateral estoppel?
A New York appellate court examines when collateral estoppel applies in no-fault insurance disputes, highlighting the importance of what issues were actually litigated and decided.
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