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What happened to those EUO letters? What happened to the IME letters? Where are those denials?

Parisien v Maya Assur. Co., 2018 NY Slip Op 50771(U)(App. Term 2d Dept. 2018) “Plaintiff correctly argues on appeal that the affidavit submitted by defendant in

June 3, 2018 No Comments

Where was the partner?

Active Care Med. Supply Corp. v Metlife Auto & Home, 2018 NY Slip Op 50772(U)(App. Term 2d Dept. 2018) “Plaintiff correctly argues on appeal that defendant

June 3, 2018 No Comments

IME no-show unsuccessful

Pierre J. Renelique, M.D., P.C. v Park Ins. Co., 2018 NY Slip Op 50780(U)(App. Term 2d Dept. 2018) “Defendant’s moving papers stated that the IME scheduling

June 3, 2018 No Comments

Neptune EUO scheduling rule on display again

Healthway Med. Care, P.C. v American Commerce Ins. Co., 2018 NY Slip Op 50733(U)(App. Term 2d Dept. 2018) “However, plaintiff correctly argues on appeal that defendant

June 3, 2018 No Comments

State Farm and Georgia – passes Appellate Term scrutiny

Maiga Prods. Corp. v State Farm Mut. Auto. Ins. Co., 2018 NY Slip Op 50736(U)(App. Term 2d Dept. 2018) I kept hearing musings about how State

June 3, 2018 No Comments

The Unitrin/ Westchester split

Valdan Acupuncture, P.C. v NY Cent. Mut. Fire Ins. Co., 2018 NY Slip Op 50739(U)(App. Term 2d Dept. 2018) Oh its’s real. “Three of the claims

June 3, 2018 No Comments

Material Misrepresentations – Must follow the Ins Law 3105 rule

Liliya Veksler, LCSW, P.C. v Ameriprise Ins. Co., 2018 NY Slip Op 50741(U)(App. Term 2d Dept. 2018). “In this action by a provider to recover assigned

June 3, 2018 No Comments

Out of scope – out of mind

Galluccio v Grossman, 2018 NY Slip Op 03664 (2d Dept. 2018) “In opposition, the affirmation of the plaintiffs’ expert failed to raise a triable issue of

May 24, 2018 No Comments

Degeneration from the App Div

Campbell v Drammeh, 2018 NY Slip Op 03643 (1st Dept. 2018) In opposition, plaintiff failed to raise an issue of fact as to his claimed spinal

May 22, 2018 No Comments

Ouch

Pascocello v Jibone, 2018 NY Slip Op 03466 (1st Dept. 2018) “An expert’s opinion “must be based on facts in the record or personally known to

May 14, 2018 No Comments

Mailing to the attorney

Global Liberty Ins. Co. v New Century Acupuncture, P.C., 2018 NY Slip Op 03444 (1st Dept. 2018) “Plaintiff sent an initial IME scheduling letter, and a

May 14, 2018 2 Comments

What is substantial evidence?

Matter of Marine Holdings, LLC v New York City Commn. on Human Rights, 2018 NY Slip Op 03303 (2018) Every Article 75 compulsory arbitration case involving

May 9, 2018 No Comments

For the All on NY fans: you were wrong.

Hereford Ins. Co. v Lida’s Med. Supply, Inc., 2018 NY Slip Op 03226 (1st Dept. 2018) (1) “While plaintiff’s notice of motion did not specify that

May 4, 2018 No Comments

Texting your friend who kills someone: Are you liable?

Vega v Crane, 2018 NY Slip Op 03262 (4th Dept, 2018) (1) “There is, however, a significant distinction between the distracting passenger and the remote sender

May 4, 2018 No Comments

Is it three years or 6 years?

Contact Chiropractic, P.C. v New York City Tr. Auth., 2018 NY Slip Op 03093 (2018) 4-3 holding. For self insured entities, the statute of limitations is

May 4, 2018 1 Comment

3212(a) by-pass

Reeps v BMW of N. Am., LLC, 2018 NY Slip Op 02907 (1st Dept. 2018) “Prior court orders and stipulations between the parties show that the

April 29, 2018 No Comments

Mailing again, again

Wells Fargo Bank, NA v Mandrin, 2018 NY Slip Op 02826 (2d Dept. 2018) “Proof of the requisite mailing is established with proof of the actual

April 26, 2018 No Comments

8 units may apply to various specialties

This is from the Vice President of James Skelton, Esq., from AAA today (4-23-18) – It is for everybody’s edification: Dear Jason – The Workers’

April 23, 2018 6 Comments

Triable issue of fact on EIP issue

TAM Med. Supply Corp. v Country Wide Ins. Co., 2018 NY Slip Op 50578(U)(App. Term 2d Dept. 2018) “Although the accident occurred in Pennsylvania, the NF-2

April 22, 2018 No Comments

An order granting a declaratory judgment suffices for affirmation in opposition

Healing Art Acupuncture, P.C. v 21st Century Ins. Co., 2018 NY Slip Op 50583(U)(App. Term 2d Dept. 2018) (1) “The Supreme Court order granting defendant’s

April 22, 2018 No Comments

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