Forced Arbitration: Challenges in Discrimination Claims
Explores forced arbitration in discrimination claims, examining laws with the 2021 EFAA, impacting employee rights and employer policies.
Read More →Arbitrations
42 articles by Jason Tenenbaum, Esq.
Election to arbitrate
New York no-fault insurance arbitration ruling: once a provider elects arbitration for accident claims, they cannot switch forums even against different carriers.
Read More →
Forum Non Conveniens
New York court rules on forum non conveniens doctrine in no-fault insurance provider case, examining jurisdiction factors and witness hardship requirements.
Read More →
Prior Arb?
New York no-fault insurance arbitration waiver rules - when prior arbitration election bars subsequent court litigation under Ultimate Health Products v Ameriprise case law.
Read More →
Gary T day
Second Department vacates master arbitrator's award in Bay Needle Care v Country-Wide Insurance, finding arbitrator exceeded power by re-weighing evidence.
Read More →
Personal Jurisdiction in New York Insurance Cases: No-Fault Defense Guide
Master personal jurisdiction challenges in NY insurance cases. Expert analysis of out-of-state insurer defenses. Call 516-750-0595 for legal help.
Read More →
The powers of a court to vacate an arbitration award
Learn about court powers to vacate arbitration awards in NY no-fault insurance cases. Key legal standards and real case analysis from Miller v Elrac.
Read More →
Lack of personal jurisdiction for an out of state insurance carrier
Out-of-state insurance carriers can challenge personal jurisdiction in NY courts for no-fault claims. Key case analysis and jurisdictional requirements explained.
Read More →
Infants compromise order not needed to proceed in arbitration in assignee case
New York court rules that infant compromise orders aren't needed in no-fault arbitration when healthcare provider acts as assignee, not the infant patient as party.
Read More →
What is substantial evidence?
Learn what substantial evidence means in NY no-fault arbitration cases and why courts can't weigh conflicting evidence in administrative awards.
Read More →
Arbitration is waivable
New York arbitration law allows waiver of arbitration clauses when fee sharing and venue provisions prevent statutory wage claims from being pursued.
Read More →
This time Country-Wide gets the Appellate Division to reverse AAA
Appellate Division reverses AAA arbitration award in Country-Wide v Radiology case, finding master arbitrator irrationally ignored evidence of failed EUO appearances.
Read More →
Rocket Docket – to the moon
New York no-fault arbitration case analysis where late submissions led to rocket docket preclusion despite provider's failure to object, highlighting systemic issues.
Read More →
Voluntary inter-company arbitration
Voluntary inter-company arbitration case where insurer exceeded policy limits in award, highlighting importance of rejecting arbitration when limits may be surpassed.
Read More →
Loss transfer
DTG Operations v AutoOne Ins. Co. case analysis: loss transfer dispute involving livery vehicle insured as passenger car, arbitration forum issues, and intercompany arbitration rights in New York no-fault insurance law.
Read More →
IME no show not upheld
Court rejects insurance carrier's attempt to overturn no-fault arbitration award after failing to include required reimbursement language in IME notices.
Read More →
Snooze and lose rule – Tremendous consequences
New York's brutal 20-day rule for staying arbitration when there's no coverage - Allstate loses SUM coverage dispute after missing deadline by months
Read More →
Trial de novos and exhausting administrative remedies
Appeals of trial de novo rulings and Article 75 decisions in NY no-fault insurance arbitration cases, including master arbitration brief requirements and administrative remedies.
Read More →
Framed Issue hearing on Ins Law 5107
Court ruling on Insurance Law Section 5107 requiring out-of-state insurers to provide New York no-fault benefits when vehicles operate in NY state.
Read More →
An article 75 that went nowhere
Article 75 case where acupuncture provider's arbitration award was vacated due to policy limits being exceeded, resulting in unsuccessful court challenge.
Read More →
“reasonable hypothesis” standard under Ins Law 5105
Court upholds arbitration award under Insurance Law 5105's "reasonable hypothesis" standard, confirming vehicle's commercial use met threshold requirements.
Read More →
Medical provider cannot demand that fraud and RICO matter be heard in arbitration
Medical providers cannot compel arbitration for fraud and RICO claims against insurers, Second Circuit rules in Allstate v. Mun case analysis.
Read More →
Waiver of right to arbitrate
Court ruling on waiver of arbitration rights through litigation conduct, including counterclaims and participation factors in New York insurance disputes.
Read More →
Trial De Novo granted and declaration of non-coverage granted
Nassau County court grants trial de novo and declares no coverage in Allstate v. Phelps case, finding stroke treatment unrelated to motor vehicle accident.
Read More →
How come there have been no new master arbitration decisions posted on AAA’s website since October 15, 2013?
Attorney questions why AAA stopped posting master arbitration decisions after October 2013, highlighting the importance of these decisions for no-fault insurance practitioners.
Read More →
An arbitrator’s order is not binding where the provider was not named in the underlying arbitration
Court rules arbitrator's decision non-binding when medical provider wasn't named in proceeding, highlighting importance of proper party inclusion in no-fault arbitrations.
Read More →
A trial de novo is but a declaratory judgment action – District Court lacks jurisdiction
Court ruling clarifies that trial de novo actions seeking declaratory judgments fall outside District Court jurisdiction, requiring proper venue determination.
Read More →
Great Wall is binding precedent on American Arbitration Association
Court rules American Arbitration Association arbitrator failed to follow binding Great Wall precedent on acupuncture fee schedules in no-fault insurance dispute.
Read More →
Rules on Trial De-Novo
Rules governing trial de novo in New York no-fault arbitration cases, including timing requirements and jury trial demands under CPLR §3405.
Read More →
Arbitration and personal jurisdiction
New York court ruling clarifies that personal jurisdiction is not required for no-fault insurance arbitration proceedings, distinguishing arbitration from traditional court litigation.
Read More →
Roggio/Westchester-Lincoln
New York court ruling clarifies medical providers' independent arbitration rights and insurer EUO denial requirements in no-fault insurance cases.
Read More →
Ins Law 5105 – loss transfer regarding a livery vehilce and a standard passenger vehicle
Fourth Department reverses Supreme Court decision on Ins Law 5105 loss transfer case involving livery vehicle classification and arbitration waiver rules.
Read More →
Non-compulsory arbitration award vacated
Court vacates arbitration award when plaintiff denied basic procedural rights including notice, opportunity to be heard, and to present evidence under CPLR Article 75.
Read More →
The Appellate Division grants an Article 75 petition and remands the matter back to AAA arbitration
Appellate Division grants Article 75 petition in MVAIC v Interboro Medical, remanding no-fault arbitration case back to AAA for coverage determination.
Read More →
Good luck trying to vacate a no-fault arbitration award pursuant to Article 75
New York Court of Appeals establishes narrow grounds for vacating no-fault arbitration awards under CPLR 7511, emphasizing limited judicial review options.
Read More →
EBT in aid of arbitration? No dice.
NY court denies EBT in aid of arbitration, ruling disclosure must be "absolutely necessary" not merely convenient for no-fault insurance disputes.
Read More →
The failure to stay a compulsory arbitration on jurisdictional grounds precludes appellate review of the improperly arbitrated jurisdictional issue
Court ruling on waiver of jurisdictional challenges in compulsory arbitration when parties fail to seek timely stay within 20-day period under NY Insurance Law.
Read More →
A default that is more than meets the eyes
Understand the complex implications of default judgments in NY no-fault cases. Learn strategic defense approaches and collateral estoppel consequences.
Read More →
The failure to serve a demand for master arbitral review in the manner set forth in the regulations will foreclose review of the underlying award
Learn the critical service requirements for master arbitral review in New York. Discover how proper procedures can make or break your no-fault arbitration appeal.
Read More →
Understanding Collateral Estoppel in No-Fault Arbitrations: Critical Insights for New York Insurance Claims
Learn how collateral estoppel applies in New York no-fault arbitrations. Critical insights from the Falzone decision for Long Island insurance claims and SUM benefits.
Read More →
Priority of payment disputes must be adjudicated through Ins. Law 5105 intercompany arbitration
Understanding priority of payment disputes in NY no-fault insurance. Expert analysis of intercompany arbitration requirements, SZ Medical case, and Insurance Law 5105 for NYC and Long Island.
Read More →
Causation – Be aware of seeking a trial de novo after a master arbitrator affirms an award
Learn how to prove causation in NY no-fault insurance claims. Expert analysis of State Farm v Stack case for Long Island and NYC accident victims.
Read More →