Unique Physical Therapy, PT, P.C. v Global Liberty Ins. Co. of N.Y., 2021 NY Slip Op 50323(U)(App. Term 2d Dept. 2021)
“To the extent that defendant cites Premier Surgical Servs., P.C. v GEICO Gen. Ins. Co. (65 Misc 3d 140[A], 2019 NY Slip Op 51704[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]) to support the opposite conclusion, it should not be relied upon for the proposition that severance is warranted solely on the ground that no-fault claims arose out of multiple car accidents on different dates. The record in Premier demonstrated that the denial of each claim was based on the particular assignor’s failure to appear for scheduled independent medical examinations and, while omitted from the decision, that fact was the basis for this court’s determination.”
So now you see the post 2016 formula necessary to obtain severance. Does this mean that when a Defendant does not present this proof and the court severs the claims, that is now an abuse of discretion?
2 Responses
The standard for severance is basically whatever the judge feels like doing. I often combine a few cases together as it keeps costs down and often makes it easier to settle in the long term. Currently only one firm ever has a problem with it….
There is an irony in this. In no-fault states such as Massachusetts and Florida, they try to avoid joining cases because that kills the attorney fee. In NY, joined cases actually increase the attorney fee.