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The abbreviated Brill rule applies (again)

Michael Palmeri, M.D., PLLC v Allstate Ins. Co., 2015 NY Slip Op 51130(U)(App. Term 2d Dept. 2015) “Defendant failed to make its motion within 60 days

August 10, 2015 1 Comment

Use and Operation: Duty to rescue inures first-party coverage

Matter of Encompass Indem. Co. v Rich, 2015 NY Slip Op 06432 (2d Dept. 2015) “When firefighter Kevin Rich’s engine company responded to the scene of

August 10, 2015 No Comments

Default judgment upheld

State Farm Mut. Auto. Ins. Co. v Anikeyeva, 2015 NY Slip Op 06329 (2d Dept. 2015) “In a so-ordered stipulation dated November 20, 2012 (hereinafter the

August 10, 2015 No Comments

Loss Transfer limitations

Matter of Fiduciary Ins. Co. v American Bankers Ins. Co. of Fla., 2015 NY Slip Op 06343 (2d Dept. 2015) Follow the facts and the law

August 10, 2015 No Comments

A two strike rule on Law Office Failure

Bank of N.Y. v Mohammed, 2015 NY Slip Op 06397 (3d Dept. 2015) “We affirm. In order to vacate a dismissal pursuant to 22 NYCRR 202.27,

July 31, 2015 No Comments

The learned treatise exception to the hearsay rule

How many times have you tried a case where the expert admits that a particular journal has broad support is a standard of care in

July 31, 2015 No Comments

Staged accident not proven – very sloppy papers

This just goes to show the attention to detail that is necessary in order to prevail on summary judgment on a staged accident. Nationwide Gen.

July 21, 2015 1 Comment

Trial De Novo not tenable

Avenue C Med., P.C. v Encompass Ins. of MA, 2015 NY Slip Op 06101 (2d Dept. 2015) “The statute permits an insurer or a claimant

July 21, 2015 No Comments

Declaratory judgment reversed on appeal

Liberty Mut. Ins. Co. v Five Boro Med. Equip., Inc., 2015 NY Slip Op 05891 (1st Dept 2015) “The IAS court denied plaintiffs’ motion for

July 21, 2015 No Comments

Objective evidence necessary

Easy Care Acupuncture, P.C. v A. Cent. Ins. Co., 2015 NY Slip Op 50973(U)(App. Term 1st Dept 2015) That the assignor may have subjectively reported

July 21, 2015 No Comments

IME no-show from the First Department

S.A. Med., P.C. v Praetorian Ins. Co., 48 Misc 3d 128(A)(App. Term 2d Dept. 2015) “The defendant-insurer made a prima facie showing of entitlement to

July 21, 2015 No Comments

Another use and operation

Complete Med. Care Svcs of NY, P.C. v N.Y.C. Tr. Auth., 2015 NY Slip Op 25236 (App. Term 2d Dept. 2015) This proved to be

July 21, 2015 No Comments

An insufficient rebuttal

Bronx Mega Care Med, PLLC v Federal Ins. Co., 2015 NY Slip Op 51060(U)(App. Term 2d Dept. 2015) “In opposition, plaintiff failed to submit medical

July 21, 2015 No Comments

On medical necessity

Huntington Regional Chiropractic, P.C. v Truck Ins. Exch., 2015 NY Slip Op 51068(U)(App. Term 2d Dept. 2015) “In support of its motion, defendant submitted, among

July 21, 2015 No Comments

Medical necessity – rebutting a peer review

Westcan Chiropractic, P.C. v Hertz Claim Mgt., 2015 NY Slip Op 51066(U)(App. Term 2d Dept. 2014) “In support of its motion, defendant submitted a sworn

July 21, 2015 No Comments

This one makes no sense.

Acupuncture Solutions, P.C. v Lumbermans Mut. Cas. Co., 2015 NY Slip Op 51084(U)(App. Term 2d Dept. 2015) At the end of the day, the insurance

July 21, 2015 No Comments

Protection of the MRI facilities on medical necessity motions

Medical Arts Radiological Group, P.C. v NY Cent. Mut. Fire Ins. Co., 2015 NY Slip Op 51035(U)(App. Term 2d Dept. 2015) “Thus, when defendant moved

July 21, 2015 No Comments

The Alrof curse continues

Delta Diagnostic Radiology, P.C. v Auto One Ins. Co., 2015 NY Slip Op 51032(U) “However, defendant’s motion for summary judgment dismissing the complaint should also

July 21, 2015 No Comments

Ins Law 3105 in the realm of no-fault? No way

Want to cancel a policy that insures against proper damage? Material misrepresentation will do it. A policy that of insurance that insures against death or

July 21, 2015 1 Comment

Another IME no -show – but this was mine so it is blogworthy

S.A. Med., P.C. v Praetorian Ins. Co., 2015 NY Slip Op 50953(U)(App. Term 1st Dept. 2015) It is one of the perks of maintaining this monster.

June 28, 2015 No Comments

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