Be careful what you wish for
Florida PIP case examines filing fee strategy where GEICO confessed judgment to block amendment attempts after low-value complaint filing in Alliance Spine v GEICO.
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May 2021 Articles
12 articles published in May 2021
New judges at the Appellate Division
Personal injury attorney Jason Tenenbaum shares his insights on new Appellate Division judges, including Justice LaSalle and Justice Higgitt's promotions.
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IME no-show is a policy defense triggering the hourly attorney fee provision
Learn how IME no-show defenses trigger hourly attorney fee provisions in NY no-fault insurance. Court rules failure to attend IME is policy defense.
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Significant limitation v. permanent consequential, again
New York court ruling creates apparent contradiction in no-fault threshold requirements for significant limitation vs. permanent consequential limitation cases.
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Another Discovery
Appellate Term ruling on discovery objections shows courts won't disturb trial court discretion when defendants fail to timely object within CPLR's 20-day period.
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The NF-2 does not matter
NY appeals court clarifies EUO scheduling requirements in no-fault insurance cases, ruling that timely denials within 30 days don't require NF-2 form receipt.
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Simple addition is insufficient
NY court rules simple addition insufficient to prove proper fee schedule calculations in no-fault insurance case, requiring detailed evidence of code utilization.
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EUO no-show – correct statement of law
Court ruling clarifies that insurers cannot enforce EUO requests sent more than 30 days after receiving claims, making late requests nullities under New York no-fault law.
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Why sir, that is illogical!
Analysis of Unitrin v Dowd case ruling that EUO no-shows void entire no-fault insurance policies ab initio, questioning the logic and consistency of this approach.
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The Unreasonable EUO
New York court ruling on unreasonable EUO scheduling practices, mutual rescheduling vs stonewalling, and no-show defenses in no-fault insurance claims.
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The EUO is not admissible?
New York court ruling on EUO transcript admissibility under the "New York doctrine" - when examination under oath testimony is inadmissible as hearsay in no-fault cases.
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Florida no-fault may be dead
Florida's comprehensive no-fault insurance reform bill passes both houses, potentially eliminating PIP coverage and mandating BI coverage for the first time in state history.
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