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A declaration of non-coverage is res judicata to the specific date of the accident.

Eagle Surgical Supply, Inc. v AIG Ins. Co., 2013 NY Slip Op 51449(U)(App. Term 2d Dept. 2013) “By order dated September 29, 2008, the Civil

September 9, 2013 No Comments

Medical provider cannot defeat IME non-cooperation defense through stating “discovery is outstanding”

South Nassau Community Hosp. v Kemper Independence Ins. Co., 2013 NY Slip Op 51384(U)(App. Term 2d Dept. 2013) In support of its motion for summary judgment,

September 2, 2013 No Comments

What’s a boy to do?

Promed Durable Equip., Inc. v GEICO Ins., 2013 NY Slip Op 23283 (App. Term 2d Dept. 2013) (A) The insufficient rebuttal “In support of the branch

August 27, 2013 4 Comments

A pleaded affirmative defense may not necessarily be used as an admission

Hollinden v City of New York, 2013 NY Slip Op 05676 (2d Dept. 2013) I guess this goes into the category: Be careful what you

August 27, 2013 No Comments

DJ granted – Defendant failed to present evidence that Defendant attended IME

American Tr. Ins. Co. v Urena, 2013 NY Slip Op 31751(U)(Sup Ct. NY CO. 2013) ** American Transit is represented by Law Offices of James F.

August 6, 2013 No Comments

Amended motion/Admissible Reply papers/Defects in affidavits/delay letter vs. verification requests

Colonia Med., P.C. v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 51266(U)(App. Term 2d Dept. 2013) “Plaintiff opposed defendant’s motion, arguing that

August 6, 2013 No Comments

The IME no-show at trial – the eagle has arisen

Eagle Surgical Supply, Inc. v GEICO Gen. Ins. Co., 2013 NY Slip Op 51265(U)(App. Term 2d Dept. 2013) “Defendant’s sole witness at trial was the scheduling

August 6, 2013 No Comments

All you wanted to know about 4518(a) but were afraid to ask

All Borough Group Med. Supply, Inc. v Geico Ins. Co., 2013 NY Slip Op 23262 (App. Term 2d Dept. 2013) “At the outset, we note that

August 6, 2013 No Comments

The errata sheet is not a do over

Oh man, how many times do you get an EBT or EUO transcript that has an errata sheet that actually rewrote the examination? I will

August 2, 2013 2 Comments

The affidavits were unshakable

American Transit Ins. Co. v. Casas Sosa, 2013 NY Slip Op 31588(u)(Singh, J)*My Case* Plaintiff moved for leave to enter a default against the non-answering

August 2, 2013 No Comments

Six year statute of limitations period governed by how the complaint is pleaded

Wexford Med., P.C. v Commerce Ins. Co., 2013 NY Slip Op 51193(U)(App. Term 2d Dept. 2013) “The complaint alleges that “health services” were rendered to

July 30, 2013 No Comments

Dr. Andrew Carothers, we salute you.

Andrew Carothers, M.D., P.C. v Progressive Ins. Co., 2013 NY Slip Op 23232 (App. Term 2d Dept. 2013) This was the affirmance of the Carothers

July 30, 2013 1 Comment

A snapshot in time saves 9 – Reversed (finally)

Amato v. State Farm Ins. Co., 30 Misc.3d 238 (Dis. Ct. Nassau Co. 2010), rev’d by Amato v State Farm Ins. Co., 2013 NY Slip Op 51113(U)(App.

July 16, 2013 3 Comments

The SIU file is open for discovery and more

All Boro Psychological Servs., P.C. v Allstate Ins. Co., 2013 NY Slip Op 51124(U)(App. Term 2d Dept. 2013) (1) SIU file is not priveleged “To

July 16, 2013 No Comments

Alrof Safeco made another sighting

Bright Med. Supply Co. v IDS Prop. & Cas. Ins. Co., 2013 NY Slip Op 51123(U)(App. Term 2d Dept. 2013) “Because defendant failed to submit

July 16, 2013 1 Comment

Prima facie case lost

Peace of Mind, Social Work, P.C. v Travelers Prop. Cas., 2013 NY Slip Op 51119(U)(App. Term 2d Dept. 2013) “At the nonjury trial of this

July 16, 2013 No Comments

The NF-2 and the letters did not match

SS Med. Care, P.C. v Nationwide Ins., 2013 NY Slip Op 51109(U)(App. Term 2d Dept. 2013) “With respect to defendant’s request that the assignor attend

July 16, 2013 1 Comment

EUO no show – precluded due to untimely scheduling letters

Optimal Well-Being Chiropractic, P.C. v Ameriprise Auto & Home, 2013 NY Slip Op 51106(U)(App. Term 2d Dept. 2013) “Defendant admits that it received the bills

July 16, 2013 No Comments

Delaware law applies

Flatbush Chiropractic, P.C. v GEICO Ins. Co., 2013 NY Slip Op 51104(U)(App. Term 2d Dept. 2013) (1) Choice of Law “Defendant sufficiently established that the

July 16, 2013 No Comments

There is no coverage for this loss

American Tr. Ins. Co. v Solorzano, 2013 NY Slip Op 05179 (1st Dept. 2013) Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered January 10,

July 9, 2013 3 Comments

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