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The prejudice rule in action

Castillo v Prince Plaza, LLC, 2016 NY Slip Op 06191 (2d Dept. 2016) Nothing in the world of coverage is more exciting than the application of

September 29, 2016 No Comments

IME no-show affidavit executed 8 years prior to the no show

Healthy Way Acupuncture, P.C. v Clarendon Natl. Ins. Co., 2016 NY Slip Op 51381(U)(App. Term 2d Dept. 2016) “The conclusory affidavits of defendant’s IME doctors lacked

September 29, 2016 2 Comments

EUO no-show substantiated again

AVM Chiropractic, P.C. v 21st Century Ins. Co., 2016 NY Slip Op 51354(U)(App, Term 2d Dept. 2016) “Contrary to plaintiff’s only arguments on appeal, the proof

September 29, 2016 1 Comment

IME no show – complied with Neptune, AT v. Vance and 3.5(b); 3.6(b)

“Defendant also established that the assignor had failed to appear for the duly scheduled IMEs (see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co.,

September 29, 2016 No Comments

Notice of intent to cancel – premium finance company

Island Life Chiropractic, P.C. v Country Wide Ins. Co., 2016 NY Slip Op 51378(U)(App. Term 2d Dept. 2016) “While the affidavit of defendant’s no-fault litigation supervisor

September 29, 2016 No Comments

Allstate mailing issues

I am unsure what has changed at Allstate but there seems to be an issue proving anything is timely, properly or even close to mailed

September 29, 2016 1 Comment

Manoo goes up

Mapfre Ins. Co. of N. Y. v Manoo, 2016 NY Slip Op 86914(U)(1st Dept. 2016) “Defendant-respondent having moved for reargument of, or in the alternative, for leave

September 29, 2016 No Comments

Proof of military status not enough on a material misrepresentation DJ

Healthy Way Acupuncture, P.C. v USAA Gen. Indem. Co., 2016 NY Slip Op 51342(U)(App. Term 1st Dept. 2016) “While defendant submitted evidence showing that plaintiff’s assignor

September 28, 2016 No Comments

Proof insufficient to comply with 65-3.5(b), 65-3.6(b)

Liberty Mut. Insurance Co. v K.O. Med., P.C., 2016 NY Slip Op 06166 (1st Dept. 2016) Violation of 3.5(b); 3.6(b) (1) Plaintiffs seek, inter alia, a

September 28, 2016 No Comments

Affidavit of errors

This is an unfortunate case in the criminal arena. One of the great advances that the Jonathan Lippman administration made within our Town and Village

September 19, 2016 2 Comments

Former Judge Michael Ciaffa has been located

People v. Pierre, 142 AD3d 566 (2d Dept. 2016) First, I hope Judge Ciaffa returns to District Court. I learned from him about the variable

September 19, 2016 2 Comments

Jury said the injury was related to a stint in prison

Yuzary v Hafif, 2016 NY Slip Op 05993 (2d Dept. 2016) Those Kings County juries, comprised of the children on midwest farmers and southern preachers have

September 19, 2016 No Comments

Preliminary injunction denied – the analysis is questionable

Liberty Mut. Ins. Co. v Branch Med., P.C., 2016 NY Slip Op 31706(U)(Sup. Ct. NY Co. 2016) (1) In connection with one such claim, at an

September 16, 2016 3 Comments

Supreme Court got it wrong but I saw a tactical error in the EUO

State Farm Mut. Auto. Ins. Co. v Thompson, 2016 NY Slip Op 51222(U)(Sup. Ct. Kings Co. 2016) This was a non-contact DJ Case. Plaintiff relied on