Laches – remember that word?
Recent NY court ruling clarifies that laches cannot dismiss complaints without proper CPLR 3216 demand, reinforcing procedural requirements in litigation.
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February 2020 Articles
25 articles published in February 2020
IME excuse without personal knowledge
Court rejects attorney affirmation lacking personal knowledge in IME no-show case, highlighting the importance of proper evidence in no-fault insurance disputes.
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Calendar service did not transmit the adjournment stipulation
Court accepts calendar service failure as reasonable excuse for default, allowing plaintiff to vacate summary judgment when attorney never received briefing schedule notification.
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Policy exhaustion, again
NY Court rules on no-fault policy exhaustion when healthcare provider defaults on EUO verification requirements in Ameriprise v Kensington Radiology case.
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DJ following a default
Court takes judicial notice of permanent stay order in no-fault insurance case, rendering declaratory judgment appeal academic under NY law.
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Here is a procedural one for you
New York appellate court clarifies that submitting fresh evidence or arguments in reply papers provides reasonable justification for granting motion renewal.
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Post Jamaica Wellness Appellate Division victories
Jamaica Wellness Appellate Division victories: Fourth Department clarifies successive summary judgment motions in no-fault insurance cases following prior appeal decisions.
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Reasonable excuse relaxed
New York court clarifies that reasonable excuse standards are relaxed for short-term defaults in no-fault insurance cases, providing relief for late responses.
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More Defaults
Court denies motion to vacate default judgment when plaintiff fails to demonstrate meritorious defense, despite questions about reasonable excuse for the default.
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A valid NF-10
Court ruling clarifies NF-10 denial forms don't need specific EUO dates, highlighting inconsistent First Department decisions in no-fault insurance cases.
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VTL 313 in action
Court ruling on VTL 313 requirements for policy cancellation, including proper mailing procedures and DMV filing compliance within 30 days.
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120-day rule and Fee Schedule
New York court ruling demonstrates how healthcare providers can lose no-fault claims due to verification failures and fee schedule violations in insurance disputes.
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Forum Non Conveniens
New York court rules on forum non conveniens doctrine in no-fault insurance provider case, examining jurisdiction factors and witness hardship requirements.
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It’s the 30-day rule
Court ruling clarifies insurance companies must schedule IMEs within 30 days of receiving claims, or lose the right to deny payment based on no-shows.
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Verification and fee schedule issues
Analysis of Blackman v Nationwide Ins. case addressing verification affidavit mailing presumptions and fee schedule defense preservation requirements in NY no-fault law.
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Another Statute of limitations
New York no-fault insurance statute of limitations analysis: when causes of action accrue and collateral estoppel defense strategies in medical provider cases.
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The Neptune rule
New York no-fault insurers must request examinations under oath within 30 days of receiving claims, or the requests become invalid under the Neptune rule.
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Untimely second letter
Court ruling clarifies timing requirements for second EUO scheduling letters in no-fault insurance cases, emphasizing strict compliance with regulatory deadlines.
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Non receipt
New York court case highlights importance of proper documentation when resubmitting no-fault insurance claims to avoid summary judgment dismissal.
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Who is the attorney?
Civil Kings court case on attorney representation requirements and default judgment appeals in no-fault insurance litigation.
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Partial summary judgment cannot be granted on non-receipt
Court rules partial summary judgment cannot be granted when one party claims mailing and another denies receipt, creating triable issues of fact in insurance disputes.
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Rescinding a policy in accordance with Florida law
Florida insurance policy rescission requirements under state law - notice to insured and premium return mandates for valid ab initio rescission in New York courts.
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Settlement of a default judgment
Settlement of default judgments in NY: five days notice required when defendant previously appeared. Court jurisdiction and CPLR 3215 requirements explained.
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Prior Arb?
New York no-fault insurance arbitration waiver rules - when prior arbitration election bars subsequent court litigation under Ultimate Health Products v Ameriprise case law.
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The quaint Notice of Trial
Court rules Notice of Trial equivalent to Note of Issue for summary judgment timing; defendant's late motion served 120+ days after filing denied under CPLR 3212.
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