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 →Article 75
34 articles by Jason Tenenbaum, Esq.
The good hands people at it again
Allstate loses no-fault arbitration appeal after claimant attended 8 IMEs - court finds insurer acted in bad faith with adversarial treatment of injured party
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Article 75 lay-up
NY Court of Appeals reverses AAA arbitration decision on Article 75 petition, highlighting differences between First and Second Department leave standards.
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Understanding Article 75 Proceedings: You Cannot Backdoor Master Awards Through Declaratory Judgment
Learn why you cannot backdoor arbitration awards through declaratory judgment in NY. Expert Article 75 guidance from Long Island attorneys. Call 516-750-0595.
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Master Arbitrator Review Standards NY – When Decisions Can Be Vacated
Learn master arbitrator review standards in NY no-fault cases. When can decisions be vacated? Expert legal analysis. Call 516-750-0595 for help.
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Another arbitration only rule bites the dust
NY Appellate Division vacates arbitral award in no-fault insurance case, requiring de novo hearing on causation for post-accident medical equipment claims.
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Good hands people launched a less than laudable appeal
Allstate's unsuccessful appeal in Longevity Med. Supply highlights the importance of properly responding to no-fault verification demands and the futility of meritless appeals.
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20-days means just that
NY Court rules 20-day deadline for challenging arbitration is absolute - Ameriprise loses case for failing to timely object to no-fault insurance arbitration notice.
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Malella and Attorneys fees
Court ruling on Malella defense and attorney fee calculations in NY no-fault insurance arbitration, including fraudulent incorporation claims and Article 75 proceedings.
Read More →![Hourly attorneys fees (65-4.10[j][4])](https://cdn.jtnylaw.com/blog/hourly-attorneys-fees-65-4-10j4.avif)
Hourly attorneys fees (65-4.10[j][4])
GEICO v AAAMG Leasing case analysis on attorney fee awards in NY no-fault arbitration proceedings under Insurance Law § 5106(a) and court appeal standards.
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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.
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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.
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Causation defense not substantiated in intercompany arbitration
Court upholds intercompany arbitration award where causation defense fails - DTG Operations v Travelers case analysis on injury causation standards.
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Another Loss Transfer
Court ruling on loss transfer arbitration requiring respondent carriers to provide affirmative proof when challenging medical payments in NY no-fault cases.
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Article 75 review dissected
Analysis of Golden Earth Chiropractic v Global Liberty case examining master arbitrator powers vs factual review authority in NY no-fault insurance disputes.
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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.
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Rocket docket at the First Department
First Department appeal challenging rocket docket preclusion in no-fault case, examining law office failure standards and interest of justice review procedures.
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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.
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Another Article 75 needed to be taken against AAA
Long Island attorney discusses Article 75 petition success against AAA master arbitrator decision in IME no-show case, highlighting systemic issues in no-fault arbitration.
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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.
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Unitrin has been back-doored into the Second Department
Second Department reverses Bronx Supreme Court ruling, applying Unitrin precedent to vacate master arbitrator's award in NY no-fault insurance case involving IME no-shows.
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Supreme Court held that Medicaid fee schedule applies to CPM rental
Supreme Court ruling applies Medicaid fee schedule to CPM rental in no-fault insurance case, potentially ending reasonable and customary charges for providers.
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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.
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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.
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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.
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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.
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Procedural Delays in No-Fault Insurance Litigation: Understanding the Prejudice Standard
Learn about procedural delay standards in NY no-fault insurance litigation. Expert analysis of prejudice requirements for Long Island & NYC medical providers.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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