This time Country-Wide gets the Appellate Division to reverse AAA
Appellate Division reverses AAA arbitration award in Country-Wide v Radiology case, finding master arbitrator irrationally ignored evidence of failed EUO appearances.
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February 2017 Articles
19 articles published in February 2017
A true prima facie showing on summary judgment motion
Appellate Term ruling demonstrates how no-fault insurers lose defenses when they fail to timely deny claims, particularly for acupuncture services under New York's fee schedule.
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Employee of Defendant is allowed to remain in court room
New York court rules defendant's employee representatives can remain in courtroom during trial proceedings and communicate with defense counsel in no-fault cases.
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The expert
New York court ruling in Kohler v Barker explores the boundaries of expert witness testimony and how far attorneys can push expert opinions in personal injury cases.
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Business records and copies
New York court case analysis on business records admissibility, secondary evidence rules, and CPLR 4539(a) requirements for document authentication in litigation.
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3404 again
Court clarifies when CPLR 3404 dismissal rule applies based on why case was removed from trial calendar - discovery issues vs. trial unpreparedness matters.
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Triable issues of fact on a medical malpractice case?
New York medical malpractice case law on expert testimony requirements, causation standards, and triable issues of fact for summary judgment motions.
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Objective reasons?
New York court ruling clarifies that insurers don't need objective reasons to request EUOs, only proper notice and documentation of provider's failure to appear.
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Judicial Notice has it outter limits
Court limits on judicial notice in no-fault insurance cases - workers' compensation fee schedule requires proper foundation and notice under CPLR 4511
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Innocent third-party under PA law
NY court applies PA law protecting innocent third parties from insurance policy rescission in Island Life Chiropractic v Infinity Group case analysis.
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Unwelcome visitors at an IME
Second Department allows attorneys at IMEs in Henderson v Ross, disagreeing with First Department on transparency in New York no-fault insurance examinations.
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A DJ to nowhere
Court ruling on EUO no-shows in no-fault insurance cases, establishing proof requirements for timely examination scheduling relative to billing receipt.
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Limits of cross-examination
New York courts balance trial judges' broad discretion to limit repetitive cross-examination with defendants' constitutional rights to present an effective defense.
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The wrong way to evict a tenant
Learn about a criminal case involving illegal tenant eviction tactics, highlighting why landlords must follow proper legal procedures under New York law.
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Quirky Workers Compensation case
Workers compensation case examining EIP assignment requirements and no-fault insurance implications when WC claims fail due to procedural violations under NY law.
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The actionable violation of 3.2(b)
New York no-fault insurance regulation 11 NYCRR 65-3.2(b) violations raise questions about actionable claims and remedies beyond administrative penalties in insurance disputes.
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The By-Report
Analysis of Bronx Acupuncture v Hereford case clarifying that by-report codes are verification issues, not automatic denials in NY no-fault insurance claims.
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The famous briefing schedule
Court analyzes briefing schedule defaults in no-fault insurance case, examining law office failure excuses and CPLR 5015 requirements for opening defaults.
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Duly scheduled Examinations Under Oath
Analysis of EUO rescheduling requirements under NY no-fault law, examining when carriers can deny consent and the reasonableness standard applied by courts.
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