EUO/EBT/ Now I know how much Mr. Moshe makes!
Nassau County court case about no-fault insurance EUO lost wages claim, where plaintiff sought $10,906 for earnings lost attending deposition but revealed $2.6M income.
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July 2018 Articles
15 articles published in July 2018
Second Department once again now recognizes a gap in treatment as a basis to non-suit Plaintiffs
Second Department follows First Department precedent, making gaps in medical treatment a viable defense against personal injury threshold claims again.
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Second Department recognizes degeneration as a basis to move for summary judgment
Second Department clarifies that degenerative findings can support summary judgment dismissal when plaintiffs fail to adequately rebut pre-existing condition evidence.
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Bad Faith and Allstate
Roemer v Allstate case analysis examining bad faith insurance claims, covenant of good faith and fair dealing, and consequential damages in New York insurance law.
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1.5 million dollar scope and post-concussive injury
$1.5M jury award upheld for bus accident victim with cervical/lumbar disc injuries, torn menisci, and post-concussive syndrome under NY Insurance Law 5102(d).
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A new caveat on the one year period to enter a judgment
Court rules plaintiff's failure to enter default judgment within one year of calendar default constitutes abandonment under CPLR 3215(c), dismissing no-fault case.
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A declaratory judgment to nowhere
Court rules default judgment in declaratory action against assignor doesn't determine provider's rights, can't preclude separate no-fault insurance claim.
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Where was the reasonable excuse?
Two NY court cases examine reasonable excuse requirements for opening defaults in no-fault insurance litigation, highlighting challenges defendants face.
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Did you go to the funeral?
Court reverses default judgment after plaintiff couldn't prove witness attended funeral to get trial adjournment, remanding for hearing on proof requirement.
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VA substantive law; NY Procedural law
New York courts apply substantive law from other states but use NY procedural law, as shown in this GEICO case involving Virginia insurance law and mailing requirements.
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More Acupuncture fee Schedule – no new ground covered here
NY court upholds workers' compensation fee schedule for acupuncture services and rejects fee schedule defense preclusion in 2018 no-fault insurance case.
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CPM – now it is up to DFS and WCB to address the problem
Appellate Division rules CPM reimbursement must be at general public rental value. Analysis of 6-year no-fault insurance billing dispute and DFS/WCB regulatory gaps.
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There was no accident
Pavlova v Allstate case analysis: when insurers successfully prove "no accident occurred" through examination under oath testimony to deny no-fault coverage claims.
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MUA trial victory
MUA trial victory shows how manipulation under anesthesia medical necessity disputes are resolved through expert testimony battles in New York no-fault cases.
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Material Misrepresentation Defense unsuccessful
Court rejects insurance company's material misrepresentation defense, ruling insurer failed to prove it wouldn't have issued policy with correct information disclosed.
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