Conditional order of preclusion absolves a willfulness inquiry
Court ruling clarifies that conditional discovery orders eliminate the need to prove willful conduct when imposing sanctions for non-compliance.
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March 2022 Articles
6 articles published in March 2022
Sufficient for a default
Analysis of State Farm v AK Global Supply Corp. case examining prima facie standards for proving staged accidents in New York no-fault insurance claims and EUO timing requirements.
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Yet Another Verification?
Nassau County court finds no-fault insurance verification demands unclear, denies carrier's summary judgment motion for disclaimer validity in State Farm v Burke Physical Therapy case.
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Causation defense fails when ROM diminishment not explained
Fourth Department ruling shows defendants can't defeat causation claims by simply alleging pre-existing conditions without explaining why range of motion decreased post-accident.
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Interest.
Court ruling on no-fault insurance judgment interest rates: 2% monthly vs 9% yearly under Insurance Law § 5106(a) and former 11 NYCRR 65.15(h) regulations.
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Staged accident fraud
Learn about staged accident fraud in NY no-fault insurance cases. Court analysis of intentional collision factors including policy age, inconsistent testimony, and party relationships.
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