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Maya again loses their no show cases

Harvard Med., P.C. v Maya Assur. Co., 2016 NY Slip Op 51529(U)(App. Term 2d Dept. 2016) Liberty Chiropractic, P.C. v Maya Assur. Co., 2016 NY Slip Op

October 27, 2016 No Comments

Lack of coverage: there was no lease for the vehicle

Compas Med., P.C. v Citiwide Auto Leasing, 2016 NY Slip Op 51504(U)(App. Term 2d Dept. 2016) “In support of its motion, defendant submitted an affidavit by

October 27, 2016 No Comments

IME scheduling letters: inclusion of an apartment number

Prime Diagnostic Med., P.C. v New York Cent. Mut. Fire Ins. Co., 2016 NY Slip Op 51523(U)(App. Term 2d Dept. 2016) “Plaintiff’s argument, that the address

October 27, 2016 No Comments

Zuppa sighting

A few people I regularly talk to ask what happened to Zuppa. I saw him in Central Islip today in District Court and he has

October 20, 2016 7 Comments

Rocket docket at the First Department

Global Liberty v. Coastal Anesthesia Another attempt is being made to demonstrate that “rocket docket” preclusion is subject to an interest of justice review and

October 18, 2016 No Comments

IME no show not upheld

Matter of Unitrin Advantage Ins. Co. Kemper A. Unitrin Bus. v Professional Health Radiology, 2016 NY Slip Op 06767 (1st Dept. 2016) I read through this

October 13, 2016 4 Comments

Default granted but summary judgment motion denied

Global Liberty Ins. Co. v W. Joseph Gorum, M.D., P.C., 2016 NY Slip Op 06680 (2d Dept. 2016) (1) “Here, the Supreme Court found that the

October 13, 2016 No Comments

Snooze and lose rule – Tremendous consequences

Matter of Allstate Ins. Co. (Cappadonia), 2016 NY Slip Op 06584 (4th Dept. 2016) This is every Plaintiff personal injury attorney’s dream. Surprisingly, it happens all

October 13, 2016 No Comments

Fee Schedule and 8 unit issue

Liberty Chiropractic, P.C. v 21st Century Ins. Co., 2016 NY Slip Op 51409(U)(App. Term 2d Dept. 2016) “Plaintiff properly argues on appeal that defendant failed to

October 13, 2016 No Comments

EUO loss (again)

TAM Med. Supply Corp. v Ameriprise Auto & Home, 2016 NY Slip Op 51407(U)(App. Term 2d Dept. 2016) “Plaintiff correctly argues that, because defendant failed to

October 13, 2016 2 Comments

IME no show – reasonableness not enterained

Stracar Med. Servs., P.C. v Allstate Prop. & Cas. Ins. Co., 2016 NY Slip Op 51431(U)(App. Term 2d Dept. 2016) The court found that there was

October 13, 2016 1 Comment

The verifications were not mailed

Daily Med. Equip. Distrib. Ctr., Inc. v Auto One Ins. Co., 2016 NY Slip Op 51443(U)(App. Term 2d Dept. 2016) These were affidavits I inherited from

October 13, 2016 1 Comment

Verification non-receipt – Partial response insufficient

Compas Med., P.C. v Travelers Ins. Co., 2016 NY Slip Op 51441(U)(App. Term 2d Dept. 2016) “Contrary to plaintiff’s contention, defendant was not required to pay

October 13, 2016 No Comments

Non-receipt defense prevails

Artzel, Inc. v Mercury Cas. Co., 2016 NY Slip Op 51437(U)(App. Term 2d Dept. 2016) “[d]efendant moved for leave to renew its prior motion for summary

October 13, 2016 No Comments

The dates of the EUO’s do not need to be placed in the letters

Actual Chiropractic, P.C. v Mercury Cas. Co., 2016 NY Slip Op 51435(U)(App. Term 2d Dept. 2016) “The proof submitted by defendant established that it had timely

October 13, 2016 1 Comment

The DME equivalent of Robert Physical Therapy plays out

High Quality Med. Supplies, Inc. v Mercury Ins. Group, 2016 NY Slip Op 51444(U)(App. Term 2d Dept. 2016) “In SK Prime Med. Supply, Inc. v State

October 13, 2016 3 Comments

What’s the over under on this appeal scheduled for the December term

Metropolitan Group Prop. & Cas. Ins. Co. v Gonzalez – Active Care Med. Supply Corp. (Sup, Ct. 151619/12) I checked the underlying cases because I

October 7, 2016 1 Comment

False statement about prior injuries warrants further discovery

Jones v Seta, 2016 NY Slip Op 06556 (1st Dept. 2016) “Defendants’ discovery, after the filing of the note of issue, that Jones had been involved

October 7, 2016 No Comments

Another arbitrator and master arbitrator get shamed for not following the law

Global Liberty Ins. Co. v. Logic Chiropractic, P.C., (Sup. Bronx Co. 2016) Index #: 23560/2016E I will say this again: Norman Dach’s passing was a

October 4, 2016 5 Comments

Amendment of 11 NYCRR 68.6 coming soon

Okay, tell me you did not see this one coming? But as long as “Avanguard” is the law of the land in New York, New

September 30, 2016 1 Comment

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