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First Department on Unitrin again

Priority Med. Diagnostics, P.C. v New York Cent. Mut. Fire, Ins. Co., 2015 NY Slip Op 50538(U)(App. Term 1st Dept. 2015) “The defendant-insurer made a prima

April 17, 2015 No Comments

Another Mailing

Healthy Way Acupuncture, P.C. v One Beacon Ins. Co., 2015 NY Slip Op 50537(U)(App. Term 1st Dept. 2015) This time, the Court does not focus so

April 17, 2015 No Comments

Exhaustion of benefits – strict priority of payment regimen is somewhat abrogaded

Harmonic Physical Therapy, P.C. v Praetorian Ins. Co., 2015 NY Slip Op 50525(U)(App. Term 1st Dept. 2015) “The defendant-insurer made a prima facie showing of entitlement

April 17, 2015 1 Comment

Failure to provide proof of Medicare status kills post-verdict interest

Torres v Visto Realty Corp., 2015 NY Slip Op 03255 (1st Dept. 2015) “Order, Supreme Court, Bronx County (Lizbeth Gonzalez, J.), entered April 4, 2014, which

April 17, 2015 No Comments

Missing features

Hi. We are currently putting back the comments for full viewing. I was unaware that the comments were not fully functional until an arbitrator yesterday

April 15, 2015 No Comments

Alrof again…

EMC Health Prods., Inc. v Travelers Ins. Co., 2015 NY Slip Op 50475(U)(App. Term 2d Dept. 2015) Another Alrof sighting… “Consequently, plaintiff’s motion for summary

April 14, 2015 No Comments

EUO time-frame according to the Appellate Term Second Department

O & M Med., P.C. v Travelers Indem. Co., 2015 NY Slip Op 50476(U)(App. Term 2d Dept. 2015) “Pursuant to the No-Fault Regulations, “any additional

April 14, 2015 No Comments

Objective basis need not be proven

Metro Psychological Servs., P.C. v 21st Century N. Am. Ins. Co., 2015 NY Slip Op 50470(U)(App. Term 2d Dept. 2015) Again, the Court states that

April 14, 2015 No Comments

Defaults – the right to notice

Paulus v Christopher Vacirca, Inc., 2015 NY Slip Op 02944 (2d Dept. 2015) For the procedural nuts out there, this case holds that notice of

April 14, 2015 No Comments

Cost of doctor for aborted trial not reimbursable

“This negligence action seeks damages for injuries sustained by decedent when she fell on defendants’ premises in the City of Binghamton, Broome County. On the

April 14, 2015 No Comments

Parties cannot stipulate away issues of pure coverage

Matter of Preferred Mut. Ins. Co. (Fisher), 2015 NY Slip Op 02837 (3d Dept. 2015) he parties entered into a stipulation to temporarily stay arbitration

April 14, 2015 No Comments

Non-disruptive representative allowed at IME

Guerra v McBean, 2015 NY Slip Op 03046 (1st Dept. 2015) “Defendants failed to establish that plaintiffs’ representative’s presence at their physical examinations deprived defendants of

April 9, 2015 1 Comment

First application of 11 NYCRR 65-3.8(g)(1)(ii)

Saddle Brook Surgicenter, LLC v All State Ins. Co., 2015 NY Slip Op 25099 (Civ. Ct. Bx. Co. 2015) “Accordingly, for all of these reasons

April 8, 2015 2 Comments

An interesting case in the realm of misrepresentations

Castlepoint Ins. Co. v Jaipersaud, 2015 NY Slip Op 02839 (1st Dept. 2015) “Thus, we are constrained to find that plaintiff is under no duty to

April 8, 2015 No Comments

Suspended physician

Ocean v Hossain, 2015 NY Slip Op 02840 (1st Dept. 2015) “The court concluded that Dr. Bhatt’s affirmation could not be considered because he was no

April 8, 2015 No Comments

Defective cancellation abrogated upon proof that another carrier picked up risk

Matter of Motor Veh. Acc. Indem. Corp. v American Country Ins. Co., 2015 NY Slip Op 02714 (1st Dep. 2015) (1) “Respondent made a prima facie

April 8, 2015 No Comments

Appellate Term (again) reverses course on Unitrin

21st Century Acupuncture, P.C. v Allstate Ins. Co., 2015 NY Slip Op 50445(U)(App. Term 1st Dept. 2015) When does Taylor not get reversed on application of

April 7, 2015 No Comments

Non receipt and verification

Longevity Med. Supply, Inc. v Praetorian Ins. Co., 2015 NY Slip Op 50401(U)(App. Term 2d Dept. 2015) (a) As to non-receipt “[D]efendant’s mere denial of receipt

April 7, 2015 1 Comment

Does not need to be mailed in duplicate (again)

Performance Plus Med., P.C. v Utica Mut. Ins. Co., 2015 NY Slip Op 50399(U)(App. Term 2d Dept. 2015) “We note that, contrary to plaintiff’s argument on

April 7, 2015 No Comments

A taste of Unitrin in the Second Department

Longevity Med. Supply, Inc. v Praetorian Ins. Co., 2015 NY Slip Op 50393(U)(App. Term 2d Dept. 2015) This was an interesting case. Here, the Appellate Term

April 7, 2015 No Comments

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