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Allstate EUO no-show cases

New Quality Med., P.C. v Allstate Ins. Co., 2016 NY Slip Op 50871(U)(App. Term 2d Dept. 2016) Defendant’s contention that its cross motion for summary judgment

June 11, 2016 No Comments

Renewal granted

Provek Plus, Inc. v Tri-State Consumer Ins. Co., 2016 NY Slip Op 50870(U)(App. Term 2d Dept. 2015) “While a court has discretion to entertain renewal based

June 11, 2016 No Comments

The denial just has to set forth a fee schedule defense

Renelique v Tri State Consumers Ins. Co., 2016 NY Slip Op 50866(U)(App. Term 2d Dept, 2016) “Plaintiff’s argument—that defendant is precluded from raising its defense that

June 10, 2016 No Comments

The IME doctor is in numerous places

MB Advanced Equip., Inc. v New York Cent. Mut. Fire Ins. Co., 2016 NY Slip Op 50863(U)(App. Term 2d Dept. 2016) “However, in opposition, plaintiff submitted

June 10, 2016 1 Comment

Enough with the Rybak verification affidavit

Great Health Care Chiropractic, P.C. v Hereford Ins. Co., 2016 NY Slip Op 50858(U)(App. Term 2d Dept. 2016) This is my plea to those at the

June 10, 2016 8 Comments

SUM game changer

Matter of Government Empls. Ins. Co. v Sherlock, 2016 NY Slip Op 04414 (2d Dept. 2016) For those of you who practice in the UM and

June 9, 2016 No Comments

Uncertified police report valid to the extent there is an admission

Lesaldo v Dabas, 2016 NY Slip Op 04181 (2d Dept. 2016) “The plaintiff’s affidavit and the police accident report, which contained the defendant’s admission to the

June 8, 2016 2 Comments

Interesting new regulation fee schedule discussion and an example of sloppiness?

Tyorkin v Garrison Prop. & Cas. Ins. Co., 2016 NY Slip Op 50846(U)(Civ. Ct. Kings Co. 2016) (1) “In the case at bar, Defendant’s affiant, Raina

June 3, 2016 No Comments

Defaults – required military affidavit (Maybe OCA can do something?)

Gantt v North Shore-LIJ Health Sys., 2016 NY Slip Op 04316 (1st Dept. 2016) “We note, contrary to the motion court, that any irregularity in the

June 3, 2016 No Comments

Use and occupation

This case is interesting. It was always understood that when someone exited their vehicle for a limited purpose and another vehicle hit that person, first-party coverage

June 3, 2016 4 Comments

The permissive use statute trumps the rental agreement

ELRAC LLC v Duque, 2016 NY Slip Op 26169 (App. Term 1st Dept. 2016) This is not a no-fault issue but something that has always worried

June 2, 2016 No Comments

Policy exhaustion and the Harmonic Physical Therapy exception

Allstate Prop. & Cas. Ins. Co. v Northeast Anesthesia & Pain Mgt., 2016 NY Slip Op 50828(U)(App. Term 1st Dept. 2016) (1) “An arbitrator’s award directing

June 2, 2016 No Comments

Unitrin has been back-doored into the Second Department

Matter of Global Liberty Ins. Co. v Professional Chiropractic Care, P.C., 2016 NY Slip Op 04156 (1st Dept. 2016) Order, Supreme Court, Bronx County (Kenneth L.

May 31, 2016 1 Comment

Article 75 attorneys fees are now limited

Matter of GEICO Ins. Co. v AAAMG Leasing Corp., 2016 NY Slip Op 03879 (2d Dept. 2016) “In a proceeding for judicial review of an award

May 31, 2016 No Comments

The Pike maneuver

In a recent Personal injury trial, the defendant stated that plaintiff engaged in a “Pike maneuver” on the S/B Hutchinson at its intersection with the Cross-County

May 24, 2016 No Comments

A really bad default

This case gives a nice list of defaults that are just not excusable. The problem I have is that behavior that does not fall anywhere

May 24, 2016 No Comments

EUO no show not substantiated

Vladenn Med. Supply, Corp. v American Commerce Ins. Co., 2016 NY Slip Op 50775(U)(App. Term 1st Dept. 2016) “In this regard, we note that while the

May 20, 2016 No Comments

Incarceration is a valid excuse for no-show EUO

Omega Diagnostic Imaging, P.C. v Praetorian Ins. Co., 2016 NY Slip Op 50762(U)(App. Term 1st Dept. 2016) “[t]he limited record so far developed presents triable issues

May 20, 2016 No Comments

Ime no show loses on lack of personal knowledge allegatiob

Sutphin Complete Med. Care v Hereford Ins. Co., 2016 NY Slip Op 50763(U)(App. Term 1st Dept. 2016) “the record raises triable issues as to whether the

May 20, 2016 No Comments

MVAIC created issue of fact

VS Care Acupuncture, PC v MVAIC, 2016 NY Slip Op 50764(U)(App. Term 1st Dept. 2016) “Our review of the record indicates that defendant failed to eliminate

May 20, 2016 No Comments

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