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Delay for IME and EUO no shows

Power Supply, Inc. v Praetorian Ins. Co., 2015 NY Slip Op 50218(U)(App. Term 2d Dept. 2015) “Defendant demonstrated that it had timely mailed initial EUO

March 19, 2015 No Comments

Fraudulent prcourement defnese

“In applying for the automobile insurance policy in Pennsylvania, the insured had indicated on her application that she resided in Pennsylvania and owned two vehicles

March 19, 2015 No Comments

Declaratory judgment action (again) moots the underlying Civil Court action

Lms Acupuncture, P.C. v American Tr. Ins. Co., 2015 NY Slip Op 50198(U)(App. Term 2d Dept. 2015) “On May 8, 2013, the Supreme Court granted,

March 19, 2015 No Comments

Excusable neglect not acceptable

A.B. Med., PLLC v Cna Ins. Co., 2015 NY Slip Op 50199(U)(App. Term 2d Dept. 2015) “Here, plaintiff failed to demonstrate that it had a

March 19, 2015 No Comments

It came and I am surprised – but if everything is now done in New Jersey, what’s the long term impact?

Government Empls. Ins. Co. v Avanguard Med. Group, PLLC, 2015 NY Slip Op 01413 (2d Dept. 2015) (1) “We hold that, absent express statutory or regulatory

February 19, 2015 12 Comments

Attorney fees for cases filed on or after February 4, 2015

11 NYCRR 65-4.6 The following limitations shall apply to the payment by insurers of applicants’ attorney’s fees for services necessarily performed in the resolution of

February 12, 2015 15 Comments

The law on signatures

People v. Haywood, 2015 N.Y. Slip Op. 00555 (2d Dept. 2015) “The trial court properly precluded the defendant from cross-examining one of the complaining witnesses

February 12, 2015 No Comments

The securitization of debt does not divest party from having standing to prosecute action

American Express Bank FSB v Najieb, 2015 NY Slip Op 01177 (1st Dept. 2015) “The securitization of plaintiff credit card issuer’s receivables did not divest it

February 12, 2015 1 Comment

Failure to stipulate to an adjournment can be law office failure – sufficient to vacate a summary judgment loss on default

Santiago v Valentin, 2015 NY Slip Op 01159 (1st Dept. 2015) “Plaintiff provided an attorney’s affirmation describing that the failure to submit opposition was due to

February 12, 2015 No Comments

Waiver of the IME

De Sanchez v Trevz Trucking LLC, 2015 NY Slip Op 00622 (1st Dept. 2015) “Under the circumstances, including that defendants’ orthopedic expert addressed all of plaintiff’s

February 12, 2015 No Comments

Difference between condition order and standard order

Seck v Serrano, 2015 NY Slip Op 00596 (1st Dept. 2015) “We note that the order was not a conditional, “self-executing” order, which required discovery to

February 12, 2015 No Comments

Significant limitation v. Permanent consequential

Mejia v Ramos, 2015 NY Slip Op 00311 (1st Dept. 2015) To the extent plaintiff contends the [surgical] report itself found abnormalities in the knee, such

February 12, 2015 No Comments

The 120-day requirement does not apply to pro-se actions in the lower courts

Bryan L. Salamone, P.C. v Digiacomo, 2015 NY Slip Op 25025 (App. Term 2d Dept. 2015) “After issue was joined, the matter was transferred to the

February 11, 2015 No Comments

Fee schedule vendor properly substituted for a claims rep. affidavit

Healing Art Acupuncture, P.C. v Amica Mut. Ins. Co., 2015 NY Slip Op 50078(U)(App. Term 2d Dept. 2015) “Defendant denied plaintiff’s claims on the grounds that

February 11, 2015 No Comments

They did not act in good faith

Matter of Allstate Ins. Co. v Westchester Med. Group, M.D., 2015 NY Slip Op 00876 (2d Dept. 2015) “In this case, the nonparty, Carmen Carvajal, allegedly

February 11, 2015 No Comments

The buckling knee when exiting

Gonzalez v American Commerce Ins. Co., 2015 NY Slip Op 00494 (2d Dept. 2015) “Section 5103 of the Insurance Law, part of the “Comprehensive Motor Vehicle

February 11, 2015 No Comments

Staged accident stay

Matter of Liberty Mut. Ins. Co. v Young, 2015 NY Slip Op 00377 (2d Dept. 2015) “A deliberate collision by an insured is not a covered

February 11, 2015 No Comments

DJ victory from the First Department

Hertz Corp. v Active Care Med. Supply Corp., 2015 NY Slip Op 00212 (1st Dept. 2015) “In this action seeking a declaration that Hertz is not

January 7, 2015 6 Comments

The missing EMG/NCV undermined the expert’s analysis

Crewe v Pisanova, 2015 NY Slip Op 00041 (4th Dept. 2015) (on to permanent consequential/significan limitation) “Defendants’ expert opined that plaintiff did not have a serious

January 7, 2015 No Comments

Lack of medical necessity defense upheld

Five Boro Med. Equip., Inc. v New York Cent. Mut. Fire Ins. Co., 2014 NY Slip Op 51888(U)(App. Term 1st Dept. 2014) “Plaintiff’s opposing submission, consisting

January 3, 2015 1 Comment

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