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Policy Exhaustion and priority of payment

Mount Sinai Hosp. v Dust Tr., Inc., 2013 NY Slip Op 01811 (2d Dept. 2013) “The plaintiff hospital, as assignee of Alison Cassani, commenced this action

March 21, 2013 5 Comments

Please be quiet

Sciara v Surgical Assoc. of W. N.Y., P.C., 2013 NY Slip Op 01741 (4th Dept. 2013) It is hereby ORDERED that the order so appealed

March 21, 2013 No Comments

Arbitration and personal jurisdiction

American Ind. Ins. Co. v Art of Healing Medicine, P.C., 2013 NY Slip Op 01546 (1st Dept. 2013) “At this pre-arbitration stage, the issue is

March 21, 2013 No Comments

MVAIC cannot prove lack of coverage and wants interest tolled indefinitely

Hilda-Bloor Med., P.C. v MVAIC, 2013 NY Slip Op 50382(U)(App. Term 1st Dept. 2013) “Defendant failed to submit any competent proof establishing that plaintiff’s assignor

March 21, 2013 No Comments

IME no-show – complaint dismissed

Coast Med. Diagnostic, PC v Praetorian Ins. Co., 2013 NY Slip Op 50381(U)(App. Term 2d Dept. 2013) “The defendant-insurer made a prima facie showing of

March 21, 2013 No Comments

The declaratory judgment failed to name everybody

Ideal Med. Supply v Mercury Cas. Ins. Co., 2013 NY Slip Op 23068 (App. Term 1st Dept. 2013) “Although plaintiff’s assignor was a named party

March 21, 2013 No Comments

Motion in limine is not a substitute for a motion for summary judgment

Carrasquillo v New York City Dept. of Educ., (DOE), 2013 NY Slip Op 01626 (1st Dept. 2013) “Plaintiffs’ original notice of claim did not allege

March 18, 2013 No Comments

Roggio not applicable where Assignior executed Assignment prior to arbitrating medical bills in own right

Dayna Physical Therapy, P.C. v Travelers Ins. Co., 2013 NY Slip Op 50322(U)(App. Term 2d. Dept. 2013) “In this action by a provider to recover assigned

March 9, 2013 No Comments

“Deviation” does not need to be established with medical literature.

Mitrovic v Silverman, 2013 NY Slip Op 01465 (1st Dept. 2013) “While an expert affidavit cannot be speculative, there is no threshold requirement in an ordinary

March 9, 2013 No Comments

Business Records

JP Morgan Chase Bank v Shapiro, 2013 NY Slip Op 01357 (1st Dept. 2013) “The underlying mortgage and note were originally held by Washington Mutual Bank,

March 9, 2013 No Comments

A simple medical necessity decision

Innovative MR Imaging, P.C. v Praetorian Ins. Co., 2013 NY Slip Op 50264(U)(App. Term 1st Dept. 2013) “The unsworn letter report submitted by plaintiff from the

February 24, 2013 No Comments

It involved a different matter.

All Boro Psychological Servs., P.C. v Progressive Northeastern Ins. Co., 2013 NY Slip Op 50252(U)(App. Term 2d Dept. 2013) Prior trial testimony was plainly insufficient to

February 24, 2013 No Comments

Watch how Plaintiff made prima facie

Compas Med., P.C. v Farm Family Cas. Ins. Co., 2013 NY Slip Op 50254(U)(App. Term 2d Dept. 2013) hPlaintiff made his prima facie case based upon:

February 24, 2013 No Comments

Checked off box #18 (I think) is sufficient to preserve fee schedule defense

Shara Acupuncture, P.C. v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 50255(U)(App. Term 2d Dept. 2013) “Contrary to plaintiff’s argument on

February 24, 2013 No Comments

Again – a mere denial will not rebut proof that a verification demand was mailed

Triangle R, Inc. v Tri-State Consumer Ins. Co., 2013 NY Slip Op 50256(U)(App. Term 2d Dept. 2013) “The affidavits submitted by defendant established that defendant had

February 24, 2013 No Comments

IME no show and tolling

Alev Med. Supply, Inc. v New York Cent. Mut. Fire Ins. Co., 2013 NY Slip Op 50258(U)(App. Term 2d Dept. 2013) This was seen once before

February 24, 2013 2 Comments

Burden rests on medical provider to show that defense is palpably improper

All Boro Psychological Servs., P.C. v Allstate Ins. Co., 2013 NY Slip Op 23043 (App. Term 2d Dept. 2013) “Thus, in the case at bar,

February 16, 2013 1 Comment

New Jersey Law – but see where it all went wrong

Advanced Med. Diagnostics of Queens, P.C. v GEICO Ins. Co., 2013 NY Slip Op 50219(U)(App. Term 2d Dept. 2013) “In opposition to plaintiff’s motion, defendant argued

February 16, 2013 No Comments

Another verification again

Viviane Etienne Med. Care, P.C. v Country-Wide Ins. Co., 2013 NY Slip Op 50199(U)(App. Term 2d Dept. 2013) “With respect to the claims seeking the

February 15, 2013 1 Comment

Notorial acts.

Bonavera Acupuncture, P.C. v GEICO Indem. Co, 2013 NY Slip Op 50200(U)(App. Term 2d Dept. 2013) “The affidavit recited that the affiant was “duly [*2]sworn

February 15, 2013 No Comments

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