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EUO no-show and verification non-receipt

Compas Med., P.C. v Praetorian Ins. Co., 2015 NY Slip Op 51408(U)(App. Term 2d Dept. 2015) “In support of the branch of defendant’s cross motion seeking

October 6, 2015 No Comments

Pennsylvania law

Delta Diagnostic Radiology, P.C. v Infinity Group, 2015 NY Slip Op 25304 (2d Dept. 2015) It is relatively rare to see a court vacate a consent

October 6, 2015 No Comments

The backtracking of Unitrin

IME no-show case #1 American Tr. Ins. Co. v Clark, 2015 NY Slip Op 06759 (1st Dept. 2015) “Here, although plaintiff established that the notices of

October 6, 2015 2 Comments

Dr. Dov

Dov Berkowitz – Oh no. First, happy Labor Day here. Second, this article was too good not to post, although it is the type of

September 7, 2015 No Comments

Embarrassment or hubrus?

37 Ave Med., P.C. v Metlife Auto & Home Ins. Co., 2015 NY Slip Op 51293(U)(Civ. Ct. Kings Co. 2015) How do you not research core

September 4, 2015 No Comments

Proof of damages

Johnson v Robertson, 2015 NY Slip Op 06658 (2d Dept. 2015). Moreover, “[p]roof of damages may be based solely on oral testimony as long as the

August 27, 2015 No Comments

The denial is the operative document for prima facie purposes

AR Med. Rehabilitation v State-Wide Ins. Co., 2015 NY Slip Op 25287 (Civil Ct. Kings Co. 2015) (1) “Neither the Court of Appeals nor the Second

August 24, 2015 No Comments

Time frame to deny following EUO

South Nassau Orthopedic Surgery & Sports Medicine, P.C. v Farm Family Cas. Ins. Co., 2015 NY Slip Op 51211(U)(App. Term 2d Dept. 2015) “Defendant failed to

August 24, 2015 No Comments

3212(f) – motion denied

IDF Diagnostic Med., P.C. v New York Cent. Mut. Fire Ins. Co., 2015 NY Slip Op 51213(U)(App. Term 2d Dept. 2015) “The Civil Court held that,

August 24, 2015 No Comments

An appeal is not a second chance to right what once went wrong.

Mind & Body Acupuncture, P.C. v Elrac, Inc., 2015 NY Slip Op 51219(U)(App. Term 2d Dept. 2015) “With respect to the bills that were denied based

August 24, 2015 No Comments

Nonsensical appeal

Neptune Med. Care, P.C. v Ameriprise Auto & Home Ins., 2015 NY Slip Op 51220(U)(App. Term 2d Dept. 2015) I would recommend reading this one carefully.

August 24, 2015 2 Comments

Chutzpah

Great Health Care Chiropractic, P.C. v Elrac, Inc., 2015 NY Slip Op 51223(U)(App. Term 2d Dept. 2015) (1) “Defendant alleged in its cross motion that it

August 24, 2015 No Comments

Coder’s affidavit is sufficient to prove non-conformity with the fee schedule

GBI Acupuncture, P.C. v 21st Century Ins. Co., 2015 NY Slip Op 51235(U)(App. Term 2d Dept. 2015) “Furthermore, the affidavit executed by defendant’s certified professional coder

August 24, 2015 No Comments

No show not susbtantitated

Right Aid Med. Supply Corp. v Hartford Ins. Co., 2015 NY Slip Op 51236(U)(App. Term 2d Dept. 2015) “However, as plaintiff notes, defendant’s motion papers do

August 24, 2015 No Comments

Unsure

Alleviation Med. Servs., P.C. v Maya Assur. Co., 2015 NY Slip Op 51238(U)(App. Term 2d Dept. 2015) “Plaintiff correctly argues on appeal that defendant’s motion papers

August 24, 2015 No Comments

Cancellation of insurance policy

GL Acupuncture, P.C. v Geico Ins. Co., 2015 NY Slip Op 51239(U)(App. Term 2d Dept. 2015) “However, defendant failed to demonstrate, as a matter of law,

August 24, 2015 No Comments

Allowing non-sense to continue

Compas Med., P.C. v American Tr. Ins. Co., 2015 NY Slip Op 51240(U)(App. Term 2d Dept. 2015) “As to the remaining causes of action, defendant’s cross

August 24, 2015 No Comments

Entering judgment on a settlement – not what you thought

HSBC Bank USA, N.A. v Wielgus, 2015 NY Slip Op 06494 (2d Dept. 2015) The role of the clerk’s judgment diminished a tad bit. I was

August 24, 2015 No Comments

Biomechanical evidence allowed

Gonzalez v Palen, 2015 NY Slip Op 51101(U)(App. Term 1st Dept. 2015) “The trial court erred in determining that defendants’ biomechanical engineer, Dr. Kevin Toosi, was

August 10, 2015 No Comments

Depositions of medical providers

Farshad D. Hannanian, M.D., P.C. v Allstate Ins. Co., 2015 NY Slip Op 51133(U)(App. Term 2d Dept. 2015) “In this action by a provider to recover

August 10, 2015 No Comments

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