Malella and Attorneys fees
Court ruling on Malella defense and attorney fee calculations in NY no-fault insurance arbitration, including fraudulent incorporation claims and Article 75 proceedings.
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May 2017 Articles
26 articles published in May 2017
Business records again
New York court ruling demonstrates critical requirements for business records admissibility when assignees lack knowledge of original recordkeeper's practices and procedures.
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Hello Mrs. Collins
Court denies deposition request in no-fault insurance case due to insufficient showing that administrator's testimony would yield relevant evidence.
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Notice of Entry
New York court ruling on Notice of Entry requirements in foreclosure and declaratory judgment actions, including implications for no-fault insurance cases.
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Attorney fees on a DJ
Analysis of attorney fee recovery in no-fault insurance declaratory judgment cases, examining when insureds can recover fees when defending against insurer DJ actions.
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Motion to dismiss not dispositive of summary judgment application
Court clarifies that prior motion to dismiss rulings don't control summary judgment applications under law of the case doctrine in New York civil procedure.
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DMV license suspensions upheld – Deference
NY Court of Appeals upholds DMV license suspension regulations despite conflicts with Vehicle Traffic Law, with implications for insurance department regulatory authority.
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This is what Perl spoke up against
Court ruling demonstrates how failure to report injuries or seek immediate medical treatment can undermine causation claims in personal injury cases.
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Intersection between collateral source hearing and no-fault
Learn how collateral source hearings intersect with no-fault insurance in New York personal injury cases, including evidentiary requirements and Workers' Compensation offsets.
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Police report and CPLR 4518(a)
Police report admissibility under CPLR 4518(a) business records exception in personal injury cases - when officer observations are required vs inadmissible witness statements.
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No-show based upheld despite objection – with a caveat
Court upholds EUO no-show denial despite objection letters that weren't properly mailed. Analysis of when objection letters can block valid EUO requests in NY no-fault cases.
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No show and non receipt
New York court clarifies when IME rescheduling constitutes failure to appear and establishes mail delivery presumption standards for no-fault insurance claims.
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Non acupuncture based add on codes – issue of fact
Court rules insurance company failed to prove proper denial of non-acupuncture CPT codes 97026 and 97016 under workers' compensation fee schedule requirements.
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CPLR 3101(d)(1)
Court rules that late expert disclosure doesn't automatically bar expert evidence in summary judgment motions when failure wasn't willful and no prejudice shown.
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Was there opposition to the default motion?
Court ruling clarifies when failure to oppose venue change motions creates appealable default orders in New York civil procedure.
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Interesting decision on insurance carrier fauilure
Court ruled that defendants cannot claim reasonable excuse for default when they received notice of motion for default judgment, despite insurance carrier's failure to respond.
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Competent opinion of a specialist
New York Court of Appeals case on expert witness qualifications in medical malpractice - when specialists lack competent opinion for summary judgment motions.
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Substantiation of diminishment of ROM
Learn how medical professionals must document and explain changes in patient conditions to prove serious injury claims in New York no-fault cases.
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MVAIC issues
Key MVAIC case law on timely claim filing requirements and police reporting obligations under New York no-fault insurance law, including coverage defenses.
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45-day rule denial not sustianed
New York court ruling shows insurance companies must provide detailed affidavits about mail handling procedures to successfully invoke the 45-day rule defense in no-fault cases.
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It really was not on consent again
Appellate Term case where attorney disputed consent order despite court notation, resulting in unsuccessful appeal of $500 no-fault insurance claim in Civil Court Kings County.
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Default denied based upon quirk of NYCCCA 403 and 404
New York City Civil Court Act sections 403 and 404 create jurisdictional quirk that can defeat default judgments when service of process is made outside NYC limits.
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The doctor is not available on Monday/s, can I have another day please?
Court reverses trial judgment after defendant's expert unavailability on Mondays wasn't accommodated, highlighting importance of scheduling flexibility in litigation.
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It was not mailed, again
Court finds insurance carrier failed to prove proper mailing of denial forms, highlighting critical documentation requirements in no-fault cases.
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Renewal and vacatur in interest of justice granted upon a release
Court decisions on renewal and vacatur motions in NY no-fault insurance cases, including releases that bar claims and late filing discretion.
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Declaratory judgment actions against the city
Analysis of Country-Wide Ins. Co. v. Dejean regarding declaratory judgment venue rules and EUO timing requirements in NYC no-fault cases.
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