Junk science?
Court case analyzing biomechanical expert testimony and causation standards in New York personal injury law, focusing on delta-v calculations and serious injury thresholds.
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December 2018 Articles
22 articles published in December 2018
NY No-Fault Arbitration: Understanding Priority of Payment and Award Challenges
Expert guide to NY no-fault arbitration priority payment disputes and award challenges. CPLR 7511 guidance. Long Island attorneys. Call 516-750-0595.
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NY Economic Loss Recovery: When Serious Injury Threshold Not Required
Learn when you can recover economic losses over $50K without proving serious injury under NY law. Expert Long Island attorneys. Call 516-750-0595 free consult.
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Understanding Vehicle “Occupying” Coverage Under NY No-Fault Law
Understand NY no-fault insurance occupying vehicle coverage disputes. Expert Long Island attorneys help with GEICO coverage denials. Call 516-750-0595 free consult.
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Combating Litigation Delay Tactics in New York No-Fault Insurance Cases
Insurance companies use delay tactics to avoid paying no-fault claims. Learn how courts combat these strategies and protect your rights. Call 516-750-0595 for help.
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Understanding Retroactive Application of New York Insurance Regulations
New DFS insurance regulations typically apply prospectively, not retroactively. Learn your rights when insurance companies change claim rules mid-process. Call 516-750-0595
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Understanding Verification Requests in New York No-Fault Insurance Claims
Insurance companies use verification requests to delay no-fault benefits. Learn your rights regarding verification mailing, responses & dispute tactics. Call 516-750-0595
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Understanding Medical Billing and Down-Coding in New York No-Fault Insurance Claims
Insurance companies reduce medical bills through down-coding. Learn your rights when CPT codes are changed and how to challenge improper billing decisions. Call 516-750-0595
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Understanding New York No-Fault Insurance Claims and the Business Records Rule
Insurance companies try technical defenses to deny NY no-fault benefits. Learn how business records rule & choice of law protects your claim. Call 516-750-0595
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Post judgment interest at 9%?
New York court clarifies post-judgment interest calculation at 9% per year in no-fault insurance cases, distinguishing between statutory rates and payment procedures.
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“We have to move these cases timely.”
Court wrongly precluded expert witnesses despite no prejudice, emphasizing case timeline over proper CPLR 4404 analysis in no-fault insurance dispute.
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Policy exhaustion?
NY court rulings on no-fault insurance policy exhaustion defenses, including when insurers can claim coverage limits reached after denying claims improperly.
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Reasonable excuse?
New York appellate court rules that clerical error alone cannot justify sending no-fault forms to wrong insurer, emphasizing strict compliance with 45-day claim requirements.
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Provider EUO letter – serve to delay the bills
New York court ruling on EUO timing requirements and toll provisions for no-fault insurance claims, addressing when scheduling letters affect subsequent bills.
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Objective basis?
Court rules insurance companies don't need objective reasons to request EUOs, only proper notice and proof of non-appearance for claim denial.
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Timely EUO denial
Court rules EUO request sent over 30 days after claim receipt is invalid, reinforcing strict timing requirements in New York no-fault insurance cases.
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Severance denied
NY court denies severance motion in no-fault insurance case involving separate accidents, citing lack of prejudice to substantial rights under CPLR 603.
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No policy, no coverage
New York court confirms that insurance companies can defeat no-fault claims by proving no policy existed at the time of accident through proper affidavit evidence.
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First Department applying a stringent default vactur standard
First Department applies stringent default vacatur standard in Tri-State v Hereford, requiring reasonable excuse and meritorious defense despite public policy favoring merits.
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The role of reply
Court of Appeals clarifies when defendants can raise new factual arguments on appeal, highlighting the strategic importance of reply briefs in motion practice.
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Mallela – or was it?
Court distinguishes between Mallela defense and over-billing claims in no-fault insurance case, ruling that billing fraud doesn't qualify for extended defense timeline.
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Serious injury: PL 10.00(10) v. Ins Law 5102(d)
Comparison of 'serious injury' definitions between New York Penal Law 10.00(10) and Insurance Law 5102(d) in People v Garland, examining evidentiary standards.
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