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Third-party vendor troubles

Compas Med., P.C. v 21st Century Ins. Co., 2015 NY Slip Op 50388(U)(App. Term 2d Dept. 2015) “The affidavits set forth that envelopes containing the underlying

April 7, 2015 No Comments

The application of the 10-day follow up period to send EUO requests

Avicenna Med. Arts, PLLC v Unitrin Advantage Ins. Co., “However, as the Civil Court found, the papers submitted in support of defendant’s cross motion demonstrated

April 7, 2015 No Comments

CPT Code 20553 reduced from $4,000 to less than $1,000

Alleviation Med. Servs., P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 50379(U)(App. Term 2d Dept. 2015) First off, good job to Linda

April 7, 2015 3 Comments

EUO denial not vague or conclusory for not stating dates

Quality Psychological Servs., P.C. v Avis Rent-A-Car Sys., LLC, 2015 NY Slip Op 50378(U)(App. Term 2d Dept. 2015) “Here, plaintiff has not alleged that it did

April 7, 2015 No Comments

Failure to object (again) spells end to fishing expedition on “reasonableness”

T & J Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 50406(U)(App. Term 2d Dept. 2015) “Furthermore, since plaintiff does not

April 7, 2015 No Comments

Welcome to my new site

Thank you for following my blog to my website. This was five years coming to say the least. Most of the functionality of the old

April 1, 2015 2 Comments

Preliminary injunction denied

American Commerce Ins. Co. v Francois, 2015 NY Slip Op 01594 (2d Dept. 2015) Okay Oleg and Damin. Good job. Are you happy? You (Oleg)

March 26, 2015 6 Comments

Ime cut off succeeds

V.S. Care Acupuncture PC v MVAIC, 2015 NY Slip Op 50350(U)(App. Term 1st Dept. 2015) Defendant MVAIC made a prima facie showing of entitlement to judgment

March 26, 2015 No Comments

Consolidated Attorney fee

EMA Acupuncture P.C. v Allstate Ins. Co., 2015 NY Slip Op 50348(U)(App. Term 1st Dept. 2015) Good job James F. Sullivan and crew. We sustain so

March 26, 2015 3 Comments

No-Show. Was it timely?

Acupuncture Solutions, P.C. v Lumbermans Mut. Cas. Co., 2015 NY Slip Op 50346(U)(App. Term 1st Dept. 2015) “The defendant-insurer made a prima facie showing of entitlement

March 26, 2015 No Comments

Think your insured is not on the up and up? Well, don’t cash their premium check after you cancel their policy

Sensational Serv., Inc. v American Tr. Ins. Co., 2015 NY Slip Op 30343(U) Short term monetary gain ($166,505.79) or long term common sense? Read.

March 26, 2015 No Comments

Interesting discussion as to causation

Campbell v Fischetti, 2015 NY Slip Op 01898 (1st Dept. 2015) “Furthermore, an X ray taken on the accident date revealed that plaintiff had sustained only

March 23, 2015 1 Comment

Misrepresentation based upon failure to serve last known address

Li Xian v Tat Lee Supplies Co., Inc., 2015 NY Slip Op 01751 (1st Dept. 2015) “Vacatur was also warranted pursuant to CPLR 5015(a)(3), since the

March 23, 2015 1 Comment

Why follow the law?

HSBC Bank USA, N.A. v Simmons, 2015 NY Slip Op 01609 (2d Dept. 2015) “Since Justice Arthur Schack continues to ignore this Court’s precedent, as

March 20, 2015 2 Comments

What happened here?

Carlin v Hereford Ins. Co., 2015 NY Slip Op 01601 (2d Dept. 2015) (1) The defendant’s contention that, in light of the nature of the

March 20, 2015 No Comments

Standing not expressly pleaded

Bank of Am., N.A. v Paulsen, 2015 NY Slip Op 01597 (2d Dept. 2015) “Here, contrary to the conclusion reached by the Supreme Court, the

March 20, 2015 No Comments

The Arbitrator Charles Sloane 2106 rule: deemed arbitrary.

Auto One Ins. Co. v Hillside Chiropractic, P.C., 2015 NY Slip Op 01750 (1st Dept. 2015)(1st Dept 2015) “We find that the no-fault arbitrator’s decision to

March 19, 2015 12 Comments

Illogical

Acupuncture Approach, P.C. v Allstate Ins. Co., 2015 NY Slip Op 50318(U)(App. Term 1st Dept. 2015) “defendant failed to satisfy its initial burden of establishing, prima

March 19, 2015 16 Comments

Acupuncture may be billed using 97039 and 97026

VS Care Acupuncture v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 50164(U)(App. Term 1st Dept. 2015) (1) “Defendant’s documentary submissions established prima

March 19, 2015 No Comments

Obligations of Assignee and Authorized entity

Stracar Med. Servs., P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 25079 (App. Term 2d Dept. 2015) “Plaintiff’s main argument on appeal

March 19, 2015 No Comments

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