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Objective basis?

Gentlecare Ambulatory Anesthesia Servs.; Lyonel F. Paul, M.D. v GEICO Ins. Co., 2018 NY Slip Op 51773(U)(App. Term 2d Dept. 2018) “Furthermore, defendant was not required

December 18, 2018 No Comments

Timely EUO denial

Acupuncture Now, P.C. v American Commerce Ins. Co., 2018 NY Slip Op 51768(U)(App. Term 2d Dept. 2018) “However, plaintiff correctly argues that defendant failed to demonstrate

December 18, 2018 No Comments

Severance denied

Majestic Acupuncture, P.C. v Interboro Mut. Ins. Co., 2018 NY Slip Op 51785(U)(App. Term 2d Dept. 2018) “The decision to grant severance (see CPLR 603) is an

December 18, 2018 No Comments

No policy, no coverage

TAM Med. Supply Corp. v Hereford Ins. Co., 2018 NY Slip Op 51779(U)(App. Term 2d Dept. 2018) “In support of its cross motion, defendant submitted affidavits

December 18, 2018 No Comments

First Department applying a stringent default vactur standard

Matter of Tri-State Consumer Ins. Co. v Hereford Ins. Co., 2018 NY Slip Op 08249 (1st Dept. 2018) “Although “there exists a strong public policy in

December 18, 2018 No Comments

The role of reply

U.S. Bank Natl. Assn. v Jones, 2018 NY Slip Op 08254 (1st Dept. 2018) “We decline to consider defendant’s new factual argument, raised for the first

December 18, 2018 No Comments

Mallela – or was it?

Matter of Country-Wide Ins. Co. v Bay Needle Acupuncture, P.C.2018 NY Slip Op 08238 (1st Dept. 2018) This was an interesting case that discusses the

December 18, 2018 2 Comments

Serious injury: PL 10.00(10) v. Ins Law 5102(d)

People v Garland, 2018 NY Slip Op 07927 (2018) This is more esoteric but an interesting read. Factually, Defendant shot the victim and a bullet remained

December 1, 2018 No Comments

“Not based on an examination”

Forest Drugs v Global Liberty Ins. Co. of N.Y., 2018 NY Slip Op 51708(U)(App. Term 1st Dept. 2018) “In opposition, the medical affirmation submitted by plaintiff

November 30, 2018 No Comments

Different peer doctor’s testimony acceptable

Nova Chiropractic Servs., P.C. v GEICO Gen. Ins. Co., 2018 NY Slip Op 51688(U)(App. Term 2d Dept. 2018) “Defendant’s expert medical witness, who was not the

November 30, 2018 No Comments

Nexus between receipt and mailing

Maiga Prods. Corp. v State Farm Mut. Auto. Ins. Co., 2018 NY Slip Op 51681(U)(App. Term 2d Dept. 2018) ” Plaintiff challenges the Civil Court’s implicit CPLR

November 30, 2018 1 Comment

Preliminary Conference is deemed a stipulation

Brooklyn Cancer Care Med., P.C. v Brooklyn Hosp. Ctr., 2018 NY Slip Op 08111 (2d Dept. 2018) “We agree with the Supreme Court’s denial of the

November 29, 2018 No Comments

Gap in treatment analyzed

Lambropoulos v Gomez, 2018 NY Slip Op 08118 (2d Dept. 2018) In opposition, however, the plaintiff submitted evidence sufficient to raise a triable issue of fact

November 29, 2018 No Comments

Discovery – what is material and necessary

Brito v Gomez, 2018 NY Slip Op 08105 (2d Dept. 2018) (1) “We are asked on this appeal to decide whether a litigant in a personal

November 27, 2018 No Comments

Default vacated

Government Employees Ins. Co. v Avenue C Med., P.C., 2018 NY Slip Op 08010 (2d Dept. 2018) (1) “The defendants Salehin Sayeedus, also known as Salehin

November 25, 2018 No Comments

Court approves of service in the court room

Sandella v Hill, 2018 NY Slip Op 08051 (2d Dept. 2018) “According to the defendant, as he was waiting for his case to be called, an

November 25, 2018 No Comments

Another policy exhaustion case went nowhere

Advanced Recovery Equip. & Supplies, LLC v Park Ins. Co., 2018 NY Slip Op 51630(U)(App. Term 2d Dept,. 2018) “Contrary to defendant’s argument, it failed to

November 25, 2018 No Comments

The By Report paradigm

Pavlova v Allstate Ins. Co., 2018 NY Slip Op 51654(U)(App. Term 2d Dept. 2018) “Plaintiff properly argues that where, as here, a provider does not provide

November 25, 2018 No Comments

Objective reasons not necessary to prove an EUO no-show defense

Gentlecare Ambulatory Anesthesia Services; Lyonel F. Paul, M.D. v GEICO Ins. Co., 2018 NY Slip Op 51653(U)(App. Term 2d Dept. 2018) “Furthermore, defendant was not required

November 25, 2018 No Comments

120-day rule rebutted

Solution Bridge, Inc. v State Farm Mut. Auto. Ins. Co., 2018 NY Slip Op 51648(U)(App. Term 2d Dept. 2018) “Contrary to plaintiff’s contentions, defendant’s proof was

November 25, 2018 1 Comment

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