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Verification

Healing Health Prods., Inc. v New York Cent. Mut. Fire Ins. Co., 2014 NY Slip Op 24145 (App. Term 2d Dept. 2014) In this case,

June 9, 2014 No Comments

Another IME no-show victory shrowded in American Transit citations

Healthy Way Acupuncture, P.C. v Allstate Ins. Co., 2014 NY Slip Op 50841(U)(App. Term 1st Dept. 2014) “The defendant-insurer made a prima facie showing of

June 4, 2014 2 Comments

A triable issue of fact

New York Univ. Hospital-Tisch Inst. v Government Employees Ins. Co., 2014 NY Slip Op 03812 (2d Dept. 2014) “Here, the evidence submitted by the defendant

June 4, 2014 No Comments

Master Arbitrator Dachs discusses IDS v. Stracar

Putting aside certain disdain towards the Second Department punting the “absolute coverage” component of Unitrin and ATIC v. Lucas, the IDS case said that when

May 28, 2014 6 Comments

Follow the NF-5

Mount Sinai Hosp. v Dust Tr., Inc., 2014 NY Slip Op 03667 (2d Dept. 2014) “contrary to the defendant’s contention, this action is not premature,

May 26, 2014 No Comments

Motion to strike “3212(g) findings” denied

EMC Health Prods., Inc. v Geico Ins. Co., 2014 NY Slip Op 50786(U)(App. Term 2d Dept. 2014) “On appeal, defendant fails to articulate a sufficient

May 26, 2014 1 Comment

Speak your mind in the wrong forum? It will cost you. Fail to supervise your employees? A price will be paid.

Promed Durable Equip., Inc. As Assignee of Shavonne Flinch v Geico Ins., 2014 NY Slip Op 72449(U)(App. Term 2d Dept. 2014) You can read this. From

May 16, 2014 2 Comments

Collateral estoppel again

Clark v Farmers New Century Ins. Co., 2014 NY Slip Op 03311 (3d Dept 2014) The equitable doctrine of collateral estoppel precludes a party from

May 15, 2014 No Comments

Medical provider cannot demand that fraud and RICO matter be heard in arbitration

Allstate Ins. Co. v. Mun, — F.3d —-, 2014 WL 1776007 (2d Cir. 2014) Allstate Insurance Company seeks recovery of payments to Dr. David Mun and

May 6, 2014 7 Comments

EUO no-show DJ is successful (for the most part)

IDS Prop. Cas. Ins. Co. v Stracar Med. Servs., P.C., 2014 NY Slip Op 02902 (2d Dept. 2014) It is well established that the failure

April 30, 2014 9 Comments

Trial De Novo reqires each award to be equal to or greater than $5000

Imperium Ins. Co. v Innovative Chiropractic Servs., P.C, 2014 NY Slip Op 50697(U)(App. Term 1st Dept. 2014) The plaintiff insurer commenced the underlying actions, consolidated

April 30, 2014 1 Comment

Non receipt of verification not proven

E4 Servs., Inc. v Lincoln Gen. Ins. Co., 2014 NY Slip Op 50678(U)(App. Term 1st Dept. 2014) (1) “The evidentiary proof submitted by the defendant-insurer

April 30, 2014 No Comments

Add this to the mix of why the “120 day rule” or “60 day rule” should not apply to Civil Court MSJ’

Golden v Lynch, 2014 NY Slip Op 50663(U)(App. Term 2d Dept. 2014) From the Appellate Term, Second Department today: “Although defendant claims that she was at

April 25, 2014 2 Comments

How Huntington/Travelers can play out

Huntington Med. Plaza, P.C. v Travelers Indem. Company This was previously discussed on here. Many of us believe this was a half baked decision. Some

April 19, 2014 1 Comment

Alrof citing again – never a good thing

Muhammad Tahir, M.D., P.C. v Hertz Claims Mgt.,2014 NY Slip Op 50625(U)(App. Term 2d Dept. 2014) “The Civil Court denied defendant’s motion.” “Because defendant failed

April 19, 2014 1 Comment

Verdict sustaining that the loss was intentional sustained

V.S. Med. Servs., P.C. v State Farm Mut. Ins. Co., 2014 NY Slip Op 50615(U)(App. Term 2d Dept. 2014) “Prior to trial, the parties stipulated that

April 19, 2014 2 Comments

Additional verification issue

Elmont Open MRI & Diagnostic Radiology, P.C. v New York Cent. Mut. Fire Ins. Co, 2014 NY Slip Op 50607(U)(App. Term 2d Dept. 2014) It looks

April 19, 2014 No Comments

Policy can be rescined under PA law; proof insufficient as to particular Assignor

Delta Diagnostic Radiology, P.C. v Infinity Group, 2014 NY Slip Op 50602(U)(App. Term 2d Dept. 2014) The EUO was sufficient to raise an issue of fact

April 19, 2014 No Comments

No-show proved through certified transcripts

Active Chiropractic, P.C. v Praetorian Ins. Co., 2014 NY Slip Op 50634(U)(App. Term 2d Dept. 2014) Standard EUO no-show motion. However, the issue (among others) involved

April 19, 2014 No Comments

IME no-show denial timely where verification requested after no-show

Village Med. Supply, Inc. v NY Cent. Mut. Fire Ins. Co., 2014 NY Slip Op 50631(U)(App. Term 2d Dept. 2014) This is the second case under

April 19, 2014 No Comments

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