EIP’s payment of assigned billings confers standing back to EIP
Court rules that assigned medical billing payments can restore standing for no-fault insurance claims when coverage is denied due to causation disputes.
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October 2018 Articles
9 articles published in October 2018
20% deficit is a serious injury
Court ruling establishes that a 20% deficit in cervical spine flexion constitutes a serious injury under New York's no-fault insurance threshold requirements.
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Court of Appeals upholds dismissal of a 5102(d) case (4-3)
NY Court of Appeals affirms dismissal of 5102(d) case in Rosa v Delacruz - plaintiff's medical evidence failed to address causation issues with rotator cuff tears.
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A procedural gem – affidavit as probative evidence
Court ruling demonstrates that affidavits can serve as competent evidence even when referencing underlying documents not produced, providing valuable precedent for no-fault cases.
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Fraudulent procurement of insurance has serious consequences
New Jersey's strict insurance compliance requirements bar claims when drivers fail to maintain state-approved coverage, highlighting jurisdictional challenges in auto accident cases.
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Causation on a degeneration
Court ruling shows how plaintiffs can overcome preexisting condition defenses in personal injury cases by proving conditions were asymptomatic before the accident.
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The interesecton of the Note of Issue and timely summary judgment motion
Analysis of Khan v Macchia case on Note of Issue filing and summary judgment motion deadlines when discovery remains incomplete in NY personal injury litigation.
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Another way to take a default
New York courts handle default judgment applications differently by region, with upstate requiring ex-parte motions while downstate uses notice procedures.
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Waiting to conduct discovery fatal to 3212(f) claim
Court rules plaintiff's 3-year delay in discovery fatal to CPLR 3212(f) motion - inaction constitutes acquiescence to summary judgment timing.
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