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Insurable interest

Matter of Progressive Specialty Ins. Co. v Alexis, 2014 NY Slip Op 07668 (2d Dept. 2014) The term insurable interest is always interesting. What is it

November 14, 2014 No Comments

The inability to recall which shoulder was hurt damages the plaintiff’s case

Fludd v Pena, 2014 NY Slip Op 07747 (1st Dept. 2014) This 5102(d) case is interesting because it stands for the proposition that the failure to

November 14, 2014 No Comments

Permanent consequential v. Significant limitaton – the value of early surgery

Sutliff v Qadar, 2014 NY Slip Op 07769 (1st Dept. 2014) This case really discusses the danger on the personal injury side of the “significant limitation

November 14, 2014 No Comments

Default granted where answer is 6 months later

Rosenblatt v New York City Tr. Auth., 2014 NY Slip Op 07575 (1st Dept. 2014) “Defendants demonstrated an excuse of law office failure through the assigned

November 14, 2014 No Comments

Jursidictional defect (it really isn’t)

Tribeca Lending Corp. v Bartlett, 2014 NY Slip Op 07429 (1st Dept. 2014) The realm of procedural snafus that can trigger the existences of jurisdiction defects,

November 14, 2014 No Comments

A hook to apply Unitrin in the Second Department through Clennon

Prestige Med. P.C. v Travelers Home & Mar. Ins. Co., 2014 NY Slip Op 24317 (Civ. Ct. 2014) You can read this Civil Court case a

October 29, 2014 6 Comments

Looking beyond the face of the agreement

South Shore Neurologic Assoc., P.C. v Mobile Health Mgt. Servs., Inc., 2014 NY Slip Op 06963 (2d Dept. 2014) Self-referrals and fee splitting can garner attention

October 28, 2014 1 Comment

An Application of Langan

Matter of Utica Mut. Ins. Co. v Burrous, 2014 NY Slip Op 06986 “From the eyes of the decedent” “Contrary to the Supreme Court’s determination,

October 28, 2014 No Comments

IME and EUO issues under Unitrin

Alpha Acupuncture, P.C. v Hertz Claim Mgt. Corp., 2014 NY Slip Op 51515(U) “The defendant-insurer made a prima facie showing of entitlement to summary judgment dismissing

October 28, 2014 No Comments

Acupuncture fee schedule defense again

Karina K. Acupuncture P.C. v State-Wide Ins. Co., 2014 NY Slip Op 51518(U)(App. Term 1st Dept. 2014) “The affidavits and other documentary evidence submitted by defendant

October 28, 2014 No Comments

Mailing and denial issues

Urban Well Acupuncture, P.C. v American Commerce Ins. Co., 2014 NY Slip Op 51520(U) “The action, seeking recovery of first-party no-fault benefits, is not ripe for

October 28, 2014 No Comments

Abandoned (3215[c])

Acupuncture Works, PC v New York City Tr., 2014 NY Slip Op 51513(U)(App. Term 1st Dept. 2014) “Where a plaintiff fails to move for entry of

October 28, 2014 No Comments

Vacatur of the default granted

M&E 73-75 LLC v 57 Fusion LLC, 2014 NY Slip Op 07077 (1st Dept. 2014) This outlines the difficulties of obtaining a default in the First

October 28, 2014 No Comments

A questionable release

Ford v Phillips, 2014 NY Slip Op 07037 (3d Dept. 2014) This one struck me as odd when I read it 2 weeks ago. (1) “Defendants

October 28, 2014 No Comments

PF-NCS – a thought

One of the “tests” that we see a lot of are on the run of the mill CPT, V-SNCT, PF-NCT. Of course, if you ask

October 14, 2014 3 Comments

My encounter with G0283

Today was my first encounter with this G0283. I was thinking R2D2 at first and a rerun of Star Wars. I am embarrassed that I

October 7, 2014 1 Comment

Disclosure penalties discussed

Cason v Smith, 2014 NY Slip Op 06412 (4th Dept. 2014) This is an interesting discovery case. The first principle is that once the employee leaves

October 4, 2014 No Comments

Those tax returns…

Young v Lacy, 2014 NY Slip Op 06417 (4th Dept. 2014) This is an interesting case on impeaching a witness with improperly filed tax returns. Looks

October 4, 2014 No Comments

Alrof”t” (read the cited to decisions)

I am not sure what to make of these two decisions. Read them yourself. I think Alrof is wrong. The Appellate Division in Lucas rejected

October 4, 2014 1 Comment

So you sued the TPA and not the insurance carrier – now what?

B&R Consol., LLC v Zurich Am. Ins. Co., 2014 NY Slip Op 06287 (2d Dept. 2014) “The defendants’ contention that Zurich is not a proper

September 24, 2014 2 Comments

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