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Ural v Encompass Ins. Co. of Am., 2012 NY Slip Op 05407 (2d Dept. 2012) This was a rough opinion. I am glad not to

July 9, 2012 2 Comments

Best evidence and the failure to tab exhibits

**BUMP** Billingy v. Blagrove, 2011 N.Y. Slip Op. 03986 (2d Dept. 2011). ( I copied this from westlaw). I am going to add this here.

July 8, 2012 No Comments

Red Meat

Matter of Matter of Golia v Velez, 2012 NY Slip Op 05337 (1st Dept. 2012) Nothing like Supreme Court Justices from the Appellate Division having

July 3, 2012 7 Comments

Malella and priority of coverage discovery disallowed

Pomona Med. Diagnostic P.C. v Adirondack Ins. Co., 2012 NY Slip Op 51165(U)(App. Term 1st Dept. 2012) Defendant appeared to work under a novel theory

June 27, 2012 9 Comments

Assignor did not show up to his IME and EUO – double whammy

Unitrin has created this vacuum where the failure to control ones Assignor has spelled unabated doom to many a medical clinic. Imagine having this conversation

June 27, 2012 2 Comments

Electronic signatures unconditionally accepted

Martin v Portexit Corp., 2012 NY Slip Op 05088 (1st Dept. 2012) Interestingly, my view of the law when I handled Rogy v. Mercury became

June 27, 2012 1 Comment

A judge in Supreme Nassau on a standard no-fault matter applies Unitrin

New York Methodist v. Country Wide, Sup Ct. Nassau Co. Index #: 3676/11 Nassau has been all over the place on the DJ front regarding

June 27, 2012 4 Comments

Reverse Pan Chiropractic

So many people complain that the Pan Chiro line of cases represent a one-way street on the issue of medical necessity . I remembered a

June 27, 2012 No Comments

The substitute peer doctor

Bajaj v GEICO, 2012 NY Slip Op 51106(U)(Dis. Ct. Nassau Co. 2012) The first thing someone asks me in Brooklyn is whether “you have a

June 23, 2012 8 Comments

CAN-O

American Transit Ins. Co. v. Cano, 2012 NY Slip Op 31608(U)(Sup. Ct. NY Co. 2012) A New Jersey Hospital who renders treatment upon an EIP

June 23, 2012 No Comments

I wonder which plaintiff no-fault firm wrote this and had this State Senator introduce it…

What would happen if this became law? Read the part about making sure the EIP knows that he has been caught committing fraud and that

June 21, 2012 17 Comments

An interesting decision on a well known performer of enhanced MUA

CPT CODE 99455 and 99456. The MOST abused CPT Codes that are billed. Of course, leave it to someone who bills for MUA and does

June 21, 2012 12 Comments

An interesting observation from a District Court decision

Back to Back Chiropractor, P.C. v State Farm Mut. Auto. Ins. Co., 2012 NY Slip Op 51088(U)(Dis. Ct. Suffolk Co. 2012) This opinion is interesting

June 18, 2012 3 Comments

IME no-show substantiated

VE Med. Care, P.C. v NY Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 51074(U)(App. Term 2d Dept. 2012) (1) Letters were mailed; (2)

June 18, 2012 1 Comment

Peer review

Midtown Med. Assoc., P.C. v Clarendon Natl. Ins. Co., 2012 NY Slip Op 51071(U)(App. Term 2d Dept. 2012) “As the affirmed peer review report submitted

June 18, 2012 3 Comments

Jumped the gun on preclusion

Delta Diagnostic Radiology, P.C. v Travelers Prop. Cas. Co. of Am., 2012 NY Slip Op 51064(U)(App. Term 2d Dept. 2012) (1) Preclusion premature “The Civil

June 18, 2012 No Comments

Surprised?

Oriental World Acupuncture, P.C. v GEICO, 2012 NY Slip Op 51062(U)(App. Term 2d Dept. 2012) When one asks to be reversed, you have to figure

June 18, 2012 No Comments

Conclusory affidavit?

New Life Med., P.C. v GEICO Ins. Co., 2012 NY Slip Op 51061(U)(App. Term 2d Dept. 2012) It was just insufficient. “In support of its

June 18, 2012 No Comments

Form and procedure – not part of a prima facie case in a cancellation case

Queens Med. Supply, Inc. v New York Cent. Mut. Fire Ins. Co., 2012 NY Slip Op 51060(U)(App. Term 2d Dept. 2012) I am going to

June 18, 2012 No Comments

Follow up verification issued >25 days too late is a loser

Concourse Chiropractic, PLLC v Fiduciary Ins. Co. of Am., 2012 NY Slip Op 51058(U)(App. Term 2d Dept. 2012) This is the first case where the

June 18, 2012 2 Comments

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