4404(a) & weight of evidence review

9 articles by Jason Tenenbaum, Esq.

February 3, 2019

NY Insurance Subpoena Enforcement and Fair Hearing Rights

Expert analysis of NY insurance subpoena enforcement and fair hearing rights. Global Liberty case shows importance of due process. Call 516-750-0595.

December 18, 2018

“We have to move these cases timely.”

Court wrongly precluded expert witnesses despite no prejudice, emphasizing case timeline over proper CPLR 4404 analysis in no-fault insurance dispute.

November 15, 2018

Mr. Ortega, why did you lie to us?

Ortega v Healthcare Services Group case analysis - plaintiff's incomplete disclosure of health history leads to jury verdict favoring defendant on causation and damages.

November 14, 2018

Shoulder surgery with physical therapy – valued at $550,000

Court reduces $1.15M jury award to $550K for shoulder surgery case, highlighting how trial courts evaluate excessive pain and suffering damages in personal injury claims.

July 21, 2018

1.5 million dollar scope and post-concussive injury

$1.5M jury award upheld for bus accident victim with cervical/lumbar disc injuries, torn menisci, and post-concussive syndrome under NY Insurance Law 5102(d).

April 17, 2015

Failure to provide proof of Medicare status kills post-verdict interest

Court vacates post-verdict interest when plaintiff fails to provide Medicare status affidavit required under CPLR 5003-a for defendant's federal reporting compliance.

August 18, 2011

Another really intelligent appeal

Court of Appeals decision on no-fault insurance claims showing plaintiff's burden of proof and proper use of denial forms as evidence in New York cases.

April 25, 2010

Peer doctor's testimony is sufficient to prima facie demonstrate a service's lack of medical necessity

Court finds peer doctor testimony with medical rationale sufficient to prove lack of medical necessity, reversing trial court in no-fault case.

April 11, 2010

Liar as a matter of law

Court sets aside jury verdict as unsupported when plaintiff's testimony was "manifestly untrue" and contradicted by evidence under CPLR 4404(a) standard.