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Florida no-fault may be dead

Something very interesting happened last week in the Sunshine State. A comprehensive bill i) Mandating BI coverage for the first time in state history; ii)

May 7, 2021 No Comments

Under an abuse of discretion standard, the Third DCA refuses to apply 65-4.6(e)

Advanced Physical Therapy v. Camrac, LLC, 3D20-1175 (Fla. 3d DCA 2021) Someone asked – what happens when a Florida Appellate Court has to interpret a

April 28, 2021 No Comments

Failure to pay penalty statutory penalty does not allow legal fees

SOUTH FLORIDA PAIN & REHABILITATION OF WEST DADE v. INFINITY AUTO INSURANCE COMPANY (No. 4D21-438)(Fla 4th DCA 2021) In Florida, the rule is that the

April 26, 2021 No Comments

Contractual deemer

Domny Med. Servs., P.C. v Universal Ins. Co., 2021 NY Slip Op 50301(U) “Defendant does not deny that it issued the insurance policy pursuant to

April 24, 2021 No Comments

Civil Court shenanigans

Unique Physical Rehab, PT, P.C. v Global Liberty Ins. Co. of N.Y., 2021 NY Slip Op 50325(U)(App. Term 2d Dept. 2021) Pre-pandemic Civil Court “In

April 24, 2021 No Comments

Severance requires NF-10s

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

April 24, 2021 2 Comments

It is $200,000 for pedestrians as well as all occupants of cabs

Murzik Taxi, Inc. v Lutheran Med. Ctr., 2021 NY Slip Op 02302 (2d Dept. 2011) This case is is a an interesting loss for the

April 24, 2021 2 Comments

Putting the wrong floor is not fatal

Unitrin Advantage Ins. Co. v Cohen & Kramer M.D., P.C., 2020 NY Slip Op 06474 (1st Dept. 2020) Plaintiff insurer’s evidence, including affidavits attesting in

March 22, 2021 No Comments

NF-3 is the operative document

Unitrin Direct Ins. Co. v Beckles, 2020 NY Slip Op 06974 (1st Dept. 2020) “Where, as here, the insurer submits evidence of a medical provider

March 22, 2021 No Comments

Independent contractor defense proven

Lumbermens Mut. Cas. Co. v A B Med. Servs., PLLC, 2020 NY Slip Op 07280 (1st Dept. 2020) “As an initial issue, 11 NYCRR 65-3.11

March 22, 2021 No Comments

$5000 (Ins Law 5106[c]) cannot be manipulated

American Tr. Ins. Co. v Health Plus Surgery Ctr., LLC, 2021 NY Slip Op 01499 (1st Dept. 2021) “Plaintiff is not entitled to de novo

March 22, 2021 No Comments

Perlbinder

Perlbinder v Vigilant Ins. Co., 2021 NY Slip Op 00439 (2d Dept. 2021) I think this is perhaps the most consequential bad faith 349 case

March 22, 2021 2 Comments

Standing (favorite statutes)

US Bank N.A. v Blake-Hovanec, 2021 NY Slip Op 00893 (2d Dept. 2021) “Contrary to the plaintiff’s contention, the defendant did not waive the affirmative

March 22, 2021 No Comments

Alleviation – not much alleviated

Alleviation Med. Servs., P.C. v Allstate Ins. Co., 2021 NY Slip Op 08159 (2d Dept. 2021) (1) “The defendant appeals, and we affirm, albeit on

March 22, 2021 1 Comment

Expert opinion

Attia v Klebanov, 2021 NY Slip Op 01241 (2d Dpet. 2021) “Expert opinions, in order not to be considered speculative or conclusory, should address specific

March 22, 2021 No Comments

It did not have to be mailed to the attorney

Pavlova v Nationwide Ins., 2021 NY Slip Op 50213(U)(App. Term 2d Dept. 2021) “To establish its prima facie entitlement to summary judgment dismissing a complaint

March 22, 2021 1 Comment

Reasonableness of healthcare bill

Spanakos v Racanelli, 2021 NY Slip Op 50127(U)(App. Term 2d Dept. 2021) (1) “Plaintiff, a chiropractor, brought this action to recover, among other things, the

March 17, 2021 No Comments

Prescribed forms are not part of the no show

BNE Clinton Med., P.C. v State Farm Mut. Auto Ins. Co., 2021 NY Slip Op 50083(U)(App. Term 2d Dept. 2020) “Plaintiff’s contention that defendant failed

March 17, 2021 No Comments

It is the bill, not the NF-2

City Anesthesia Healthcare, P.C. v Erie Ins. Co. of N.Y., 2021 NY Slip Op 50135(U)(App. Term 2d Dept. 2020) “Contrary to the determination of the

March 17, 2021 No Comments

Choice of law?

Schottenstein Pain & Neuro, PLLC v Travelers Ins. Co., 2020 NY Slip Op 51549(U)(App. Term 2d Dept. 2020) “It is uncontroverted that the automobile accident

March 17, 2021 No Comments

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