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The PHL right to sue for bad faith?

Haar v. Nationwide Mut. Fire Ins. Co., 918 F.3d 231, 235 (2d Cir. 2019) “For the reasons stated, the Court hereby certifies the following question

September 19, 2019 4 Comments

Bifurcation?

Castro v Malia Realty, LLC, 2019 NY Slip Op 06466 (2d Dept. 2019) (1) “For decades, trial courts in the Second Judicial Department have, as

September 13, 2019 No Comments

Business record challenge lost

HSBC Bank USA, Natl. Assn. v Green, 2019 NY Slip Op 06482 (2d Dept. 2019) “At the trial in this case, Wiggins testified only that

September 13, 2019 No Comments

Medical malpractice “where is the proximate cause” conundrum

Mi Jung Kim v Lewin, 2019 NY Slip Op 06487 (2d Dept. 2019) This is a strange medical malpractice case. The allegation is that a

September 13, 2019 No Comments

The self-imposed ROM continuum

Mondesir v Ahmed, 2019 NY Slip Op 06489 (2d Dept. 2019) “One of the defendants’ experts found significant limitations in the range of motion of

September 13, 2019 No Comments

Article 75 lay-up

Matter of Global Liberty Ins. Co. of N.Y. v Top Q. Inc., 2019 NY Slip Op 06445 (1st Dept. 2019) I know AAA will not

September 4, 2019 No Comments

The additional verification paradigm (again)

Right Aid Med. Supply Corp. v State Farm Mut. Auto. Ins. Co., 2019 NY Slip Op 51409(U)(App. Term 2d Dept. 2015) “At a nonjury trial

September 4, 2019 1 Comment

The first citing of 65-3.5(p) – somewhat ominous

Lida’s Med. Supply, Inc. v Hereford Ins. Co., 2019 NY Slip Op 51356(U)(App. Term 2d Dept. 2019) 65-3.5(p): “With respect to a verification request and

August 27, 2019 1 Comment

Bad faith? No Bad faith? Annoyed?

Medical Care of W. N.Y. v Allstate Ins. Co., 2019 NY Slip Op 06243 (4th Dept. 2019) Greater Buffalo Acc. & Injury Chiropractic, P.C. v

August 26, 2019 3 Comments

The stop short paradigm

Niedzwiecki v Yeates, 2019 NY Slip Op 06249 (4th Dept. 2019) Another Fourth Department case that just makes you think, what the heck. Rear-end collision,

August 26, 2019 No Comments

A 5102(d) case and a jurisdictional riddle of how not to draft a notice of appeal

Cline v Code, 2019 NY Slip Op 06251 (4th Dept. 2019) I have always said the Fourth Department has some of the more interesting discussions

August 26, 2019 No Comments

The expert affidavit

M.C. v Huntington Hosp., 2019 NY Slip Op 06186 (2d Dept. 2019) This must be my new favorite topic. “While it is true that a

August 21, 2019 No Comments

No jurisdiction again

EMC Health Prods., Inc. v Maryland Auto. Ins. Fund, 2019 NY Slip Op 51316(U)(App. Term 2d Dept. 2019) ” In support of its motion, defendant

August 18, 2019 No Comments

An outstanding verification trial

Island Life Chiropractic, P.C. v Travelers Ins. Co., 2019 NY Slip Op 51273(U)(App. Term 2d Dept. 2019) This area of law has contributed much body

August 18, 2019 3 Comments

EUO bust statement

Right Aid Med. Supply Corp. v Ameriprise Auto & Home, 2019 NY Slip Op 51270(U)(App. Term 2d Dept. 2019) They are the best evidence of

August 10, 2019 No Comments

EUO demands untimely

Zen Acupuncture, P.C. v Ameriprise Ins. Co., 2019 NY Slip Op 51262(U)(App. Term 2d Dept. 2019) “Contrary to defendant’s contention, defendant failed to demonstrate that

August 10, 2019 2 Comments

Mr. Ss is at it again

SS Med. Care, P.C. v 21st Century Ins. Co., 2019 NY Slip Op 51267(U)(App. Term 2d Dept. 2019) To me, the Supreme Court judgment needed

August 10, 2019 No Comments

Lack of causation

Parisien v Allstate Ins. Co., 2019 NY Slip Op 51249(U)(App. Term 2d Dept. 2019) ” In support of its motion, defendant submitted the transcript of

August 10, 2019 No Comments

The By-Report, again

Bronx Acupuncture Therapy, P.C. v Hereford Ins. Co., 2019 NY Slip Op 06059 (2d Dept. 2019) The oral argument and facts of this case were

August 10, 2019 No Comments

Default not vacated: competent evidence not presented

Shy v Shavin Corp., 2019 NY Slip Op 06011 (2d Dept. 2019) ” Here, the Supreme Court determined that the defendant established a reasonable excuse

August 4, 2019 No Comments

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