To appeal for the sake to appeal
New York court highlights importance of proper proof of mailing in no-fault insurance denials, showing how inadequate affidavits can undermine insurer defenses.
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March 2017 Articles
16 articles published in March 2017
Summary judgment not unavailable under Etienne
Court confirms summary judgment remains available under Etienne standard, requiring only timely disclaimer and legal merit for no-fault insurance defenses.
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Ralph Medical modified
NY appellate court allows depositions in no-fault case, stepping back from restrictive Ralph Medical precedent that limited discovery in insurance disputes.
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The IME recollection issue
Court rules insurance companies must provide competent proof with adequate recollection when claiming patients failed to appear for Independent Medical Examinations.
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3211(b) motion not subject to 3212(a) time limitations
New York's Third Department clarifies that CPLR 3211(b) motions are not subject to the 120-day time limits that govern summary judgment motions under CPLR 3212(a).
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2309 issue
New York's First Department rules that lack of CPLR 2309 certificate of conformity for out-of-state affidavits is not fatal and can be corrected later.
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How not to sum up on a case
Court case analysis of prosecutorial misconduct during jury summation that led to a new trial being ordered due to improper vouching for witnesses and inflammatory comments.
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A day at the beach.
Beach accident case results in $2.2M verdict after police car strikes sunbather, requiring two cervical fusion surgeries. Key damages breakdown and legal implications.
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The Maslow specificity rule went up in a plume of smoke
Court ruling on fee schedule defense preservation in NY no-fault insurance claims, addressing the eight unit rule and arbitrator award reversal.
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The declaratory action was properly stated
First Department reverses dismissal of declaratory action against Liberty Mutual, finding breach of contract claims provide adequate notice under CPLR 3013.
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Severance granted – reality is not a rosy
New York court grants severance in no-fault insurance case, separating 198 unrelated claims. Analysis of litigation strategy and costs in High Definition MRI v Mapfre Insurance.
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The feigned verification response does not slice it – a break from the law as certain arbitrators construe it
NY court rules vague hospital verification responses insufficient for no-fault insurance claims. St. Barnabas v GEICO case analysis on verification requirements.
Read More →![Hourly attorneys fees (65-4.10[j][4])](https://cdn.jtnylaw.com/blog/hourly-attorneys-fees-65-4-10j4.avif)
Hourly attorneys fees (65-4.10[j][4])
GEICO v AAAMG Leasing case analysis on attorney fee awards in NY no-fault arbitration proceedings under Insurance Law § 5106(a) and court appeal standards.
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No need for traverse hearing where there was no opposition
Court rules no traverse hearing needed when plaintiff fails to oppose defendant's motion to vacate service, potentially resulting in statute of limitations defense.
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5102(d) litigation: Plaintiff’s own records non-suit him
5102(d) litigation case where plaintiff's own medical records revealed preexisting conditions, defeating threshold injury claims in New York personal injury law.
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Verification lack of response affirmed/Judge Ciaffa’s opinion prevails
Judge Ciaffa's verification requirements affirmed: NY court rules insurers must send verification requests to claimants, not attorneys, under no-fault regulations.
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