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5102(d) examined at trial against MVAIC

Cooper v Motor Veh. Acc. Indem. Corp., 2016 NY Slip Op 51707(U)(App. Term 2d Dept. 2016) “Here, a fair interpretation of the evidence supports the jury’s

December 15, 2016 No Comments

Voluntary inter-company arbitration

Nationwide Mut. Ins. Co. v Geico Cas., 2016 NY Slip Op 51700(U)(App. Term 2d Dept. 2016) (1) “Geico further stated, among its contentions, that Nationwide was

December 15, 2016 No Comments

Timely EUO letters

Fontanella v Allstate Ins. Co., 2016 NY Slip Op 51679(U)(App. Term 2d Dept. 2016) “As to the remaining claims, defendant failed to establish that the denials

December 15, 2016 No Comments

VTL cancellation issues

Art of Healing Medicine, P.C. v Allstate Ins. Co., 2016 NY Slip Op 26387 (App. Term 2d Dept. 2016) “[o]n December 17, 2009, in compliance with

December 15, 2016 No Comments

Law Office failure established through associate attorney deception

Scholem v Acadia Realty L.P., 2016 NY Slip Op 07943 (2d Dept. 2016) “Here, in opposition to the plaintiff’s motion, inter alia, to enforce the conditional

November 28, 2016 1 Comment

Serious injury, causation and the ability to recover

Hojun Hwang v Doe, 2016 NY Slip Op 07610 (1st Dept. 2016) (1) “Defendant made a prima facie showing that plaintiff did not sustain a serious

November 28, 2016 No Comments

A discussion on CPLR 3101(d)

Tate-Mitros v MTA N.Y. City Tr., 2016 NY Slip Op 07394 (1st Dept. 2016) There seem to be a few attorneys who do not understand the

November 28, 2016 No Comments

Dismissal for failure to comply with one discovery order

Renelique v Lancer Ins. Co., 2016 NY Slip Op 51596(U)(App. Term 2d Dept. 2016) (1) By order entered March 31, 2014, the Civil Court granted defendant’s

November 28, 2016 No Comments

Fraudulent procurement has now been changed into a material misrepresentation defense

Renelique v National Liab. & Fire Ins. Co., 2016 NY Slip Op 51615(U)(App. Term 2d Dept. 2016) It appears that Oleg Rybak has gotten his point

November 28, 2016 No Comments

Loss transfer

Matter of DTG Operations v AutoOne Ins. Co., 2016 NY Slip Op 07133 For all that has been written in assigned first-party litigation, there has been

November 2, 2016 9 Comments

3101(d) from the Court of Appeals

Rivera v Montefiore Med. Ctr., 2016 NY Slip Op 06854 (2016) Perhaps one of the most misunderstood and contrarily construed provisions of the CPLR is expert

October 31, 2016 No Comments

Punted satisfaction case

J.K.M. Med. Care, P.C. v Interboro Ins. Co., 2016 NY Slip Op 26348 (App. Term 2d Dept. 2016) (1) In this action by a provider to recover

October 31, 2016 2 Comments

Judgment in declaratory judgment action does not need to rendered against Assignor to be effective

Infinity Chiropractic Health, P.C. v Republic W. Ins. Co., 2016 NY Slip Op 51564(U)(App. Term 2d Dept. 2016) The eventual order and/or judgment does not need

October 31, 2016 No Comments

A Frye hearing is required where two sides have opposing literature on a contested novel service

Sepulveda v Dayal, 2016 NY Slip Op 06949 (2016) (1) To paraphrase, there were many experts who offered differing testimony “whether the infant plaintiff’s neuroblastoma could have

October 27, 2016 4 Comments

Causation not proved

Bobbio v Amboy Bus Co. Inc., 2016 NY Slip Op 07101 (1st Dept. 2016) (1) “[defendant] found no objective neurological disability or permanency and full range of

October 27, 2016 No Comments

Policy exhaustion and fee schedule concerns

Easy Care Acupuncture, PC v MVAIC, 2016 NY Slip Op 51556(U)(App. Term 1st Dept. 2016) “While the record reflects that defendant properly paid a portion

October 27, 2016 1 Comment

EUO no show is unconditional

Integrative Pain Medicine, P.C. v Allstate Ins. Co., 2016 NY Slip Op 51525(U) “Appearance at an EUO is a condition precedent to coverage (see 11 NYCRR

October 27, 2016 1 Comment

Putting the cart before the horse?

New Way Acupuncture, P.C. v New York Cent. Mut. Fire Ins. Co., 2016 NY Slip Op 51527(U)(App. Term 2d Dept, 2016) “Defendant’s motion was properly denied,

October 27, 2016 No Comments

Claims representative’s attestation is sufficient to make a prima facie showing

Renelique v American Tr. Ins. Co., 2016 NY Slip Op 51526(U)(App. Term 2d Dept. 2016) “[d]efendant also submitted an affidavit executed by its no-fault examiner, who

October 27, 2016 No Comments

More verification non receipt issues

TAM Med. Supply Corp. v National Liab. & Fire Ins. Co., 2016 NY Slip Op 51532(U)(App. Term 2d Dept. 2016) TAM Med. Supply Corp. v National

October 27, 2016 No Comments

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