Blog

Post claim IME

Total Chiropractic, P.C. v Hereford Ins. Co., 2020 NY Slip Op 51362(U)(App. Term 2d Dept. 2020) “However, contrary to defendant’s further argument, defendant did not

March 17, 2021 No Comments

CPT Code 97813 and 97814

Live In Grace Acupuncture, P.C. v GEICO Gen. Ins. Co., 2020 NY Slip Op 51360(U)(App. Term 2d Dept. 2020) “The branch of defendant’s cross motion

March 17, 2021 No Comments

There was no policy

Gentlecare Ambulatory Anesthesia Servs.; Lyonel F. Paul M.D. v Hereford Ins. Co., 2020 NY Slip Op 51379(U)(App. Term 2d Dept. 2020) “The papers submitted by

March 17, 2021 No Comments

Verification, EUO and IME

Avalon Radiology, P.C. v Global Liberty Ins., 2020 NY Slip Op 51374(U)(App. Term 2d Dept. 2020) “As this court has held, where an insurer timely

March 17, 2021 No Comments

Policy exhaustion and the business records

JPF Med. Servs., P.C. v Nationwide Ins., 2020 NY Slip Op 51122(U)(App. Term 2d Dept. 2020) ” Here, defendant failed to demonstrate, as a matter of

March 17, 2021 No Comments

Pre and post claim EUO

Longevity Med. Supply, Inc. v Nationwide Ins., 2020 NY Slip Op 51133(U)(App. Term 2d Dept. 2020) “Plaintiff failed to raise a triable issue of fact

March 17, 2021 1 Comment

The second EUO no-show is operative

Quality Health Supply Corp. v Nationwide Ins., 2020 NY Slip Op 51226(U)(App. Term 2d Dept. 2020) “Where, as here, no other verification request is outstanding

March 17, 2021 No Comments

Interest of justice vacatur

New Age Acupuncture, P.C. v Global Liberty Ins. Co.. 2020 NY Slip Op 51225(U)(App. Term 2d Dept. 2020) “In our view, the Civil Court improvidently

March 17, 2021 No Comments

Collateral Estoppel?

Rojas v Romanoff, 2020 NY Slip Op 04237 (1st Dept. 2020) Collateral estoppel in the First Department to non-suit (1) “In the declaratory judgment action,

September 28, 2020 No Comments

3101(d) never applies to

Duman v Scharf, 2020 NY Slip Op 04537 (2d Dept. 2020) “At the damages phase of the trial, the defendants called as a witness one