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EUO no-show: Declaratory Judgment substantiated

Hertz Vehs. LLC v Significant Care, PT, P.C., 2018 NY Slip Op 00456 (1st Dept. 2018) The affidavit of the Hertz claims handler personally assigned to

January 26, 2018 No Comments

Coverage – use or operation

Peter Pan Bus Lines, Inc. v Hanover Ins. Co., 2018 NY Slip Op 00467 (1st Dept. 2017) “The insurance policy issued by defendant to Peter Pan

January 26, 2018 No Comments

Priority of payment, again

Ameriprise Ins. Co. v Kensington Radiology Group, P.C., 2017 NY Slip Op 51911(U) (App. Term 1st Dept. 2017) “Here, petitioner-insurer’s submissions in support of its petition

January 21, 2018 No Comments

Out of scope – need foundation

Gullo v Bellhaven Ctr. for Geriatric & Rehabilitative Care, Inc., 2018 NY Slip Op 00279 (2d Dept. 2018) “Here, Shapiro established his prima facie entitlement to

January 19, 2018 No Comments

There is no safety valve for a late follow-up

Acupuncture Healthcare Plaza I, P.C. v Allstate Ins. Co., 2017 NY Slip Op 50939(U)(App. Term 2d Dept. 2018) I think I failed to specifically comment

January 19, 2018 1 Comment

No need to send letter to attorney

Recover Med. Servs., P.C. v Ameriprise Ins. Co., 2017 NY Slip Op 51892(U)(App. Term 2d Dept. 2017) Upon review of my blog, I failed to

January 19, 2018 No Comments

Verification issues

Atlantic Radiology Imaging, P.C. v Travelers Prop. Cas. Co. of Am., 2018 NY Slip Op 50053(U)(App. Term 1st Dept. 2018) “It being undisputed on this record

January 19, 2018 1 Comment

Certified medical coder sufficient

Precious Acupuncture Care, P.C. v Hereford Ins. Co., 2018 NY Slip Op 50042(U)(App. Term 2d Dept. 2018) ” Plaintiff moved for summary judgment, and defendant cross-moved for

January 19, 2018 No Comments

Punitive damages in medical malpractice case

Gomez v Cabatic, 2018 NY Slip Op 00278 (2d Dept. 2018) “On consideration of the above authority, we now hold that where, as here, a

January 18, 2018 No Comments

Causation – interesting observations

Sanchez v Oxcin, 2018 NY Slip Op 00343 (1st Dept. 2018) “The orthopedic surgeon also measured contemporaneous and continuing limitations, and opined that the cervical spine

January 18, 2018 No Comments

CPM from the Civil Court

Advanced Recovery Equip. & Supplies, LLC v Maya Assur. Co., 2018 NY Slip Op 50022(U)(App. Term 2d Dept. 2018) The CPM story has been a terrific

January 18, 2018 1 Comment

Prima facie case for trial purposes

V.S. Med. Servs., P.C. v Travelers Ins. Co., 2015 NY Slip Op 51760(U), 43 Misc. 3d 127(A)(App. Term 2d Dept. 2015) “As plaintiff’s bills and

January 8, 2018 No Comments

The loss was not intentional

Matter of Progressive Advanced Ins. Co. (Widdecombe), 2018 NY Slip Op 00061 (3d Dept. 2018) (1) “Initially, it is undisputed, as Supreme Court correctly determined, that

January 6, 2018 2 Comments

By report? Again?

Bronx Acupuncture Therapy, P.C., as asignee of Mejia v Hereford Ins. Co., 2017 NY Slip Op 79291(U)(2d Dept. 2017) This came out on July, 2017. The

January 2, 2018 2 Comments

HAPPY NEW YEARS

I wish everyone who reads this blog a Happy, Healthy and prosperous New Year. I promise some interesting appeals from me will find their way

December 29, 2017 1 Comment

Arizona and ATIC

Arizona Premium Fin. Co., Inc. v American Tr. Ins. Co., 2017 NY Slip Op 09263 (!st Dept, 2017) I spent a few hours earlier this year

December 29, 2017 No Comments

Arbitration is waivable

In my other life, I represent all sorts of people who have been wronged. One of the worst things I encounter when advocating for people

December 29, 2017 No Comments

Alleviation is going to the Appellate Division – what happens next is for you to decide.

Alleviation Medical Services P.C. v Allstate Insurance Company, 2017 NY Slip Op 96489(U) (2d Dept. 2017) “Motion by Allstate Insurance Company for leave to appeal to

December 27, 2017 No Comments

Giant Oops from the Appellate Term

B.Z. Chiropractic, P.C., As Assignee of Tony Dance v Allstate Ins. Co., 2017 NY Slip Op 96378(U)(App. Term 2d Dept. 2017) “Motion by appellant for the

December 27, 2017 No Comments

Was the Plaintiff the owner? Court says triable issue of fact.

Harris v Direct Gen. Ins. Co., 2017 NY Slip Op 08961 (4th Dept. 2017) (1) “We have previously stated that, generally, ownership is in the registered

December 26, 2017 2 Comments

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