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Category: Claims office failure

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Is it really the public policy of this state to adjudicate cases on their merits? Ask the Appellate Term, Second Department.

November 27, 2010 1 Comment

Case #1: Viviane Etienne Med. Care, P.C. v Alea N. Am. Ins. Co., 2010 NY Slip Op 52011(U)(App. Term 2d Dept. 2010) “The administrator finally obtained

Default vacated on CPLR 317 grounds

March 18, 2010 1 Comment

Nursing Personnel Homecare v New York Cent. Mut. Fire Ins. Co., 2010 NY Slip Op 50450(U)(App. Term 2d Dept. 2010) “In support of defendant’s motion to

The affidavits of non-receipt just did not cut it

January 9, 2010 1 Comment

In Westchester Med. Ctr. v Philadelphia Indem. Ins. Co., 2010 NY Slip Op 00138 (2d Dept. 2010), the Appellate Division held that an entered clerk’s judgment

Claims office failure is excusable in certain instances

August 13, 2009 No Comments

Urban Radiology, P.C. v American Tr. Ins. Co. 2009 NY Slip Op 51734(U)(App. Term 2d Dept. 2009) “In the case at bar, defendant’s no-fault supervisor, who

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