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Category: Coverage

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Contractual deemer

Domny Med. Servs., P.C. v Universal Ins. Co., 2021 NY Slip Op 50301(U) “Defendant does not deny that it issued the insurance policy pursuant to which

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An Mvaic Notice of Claim

Jean-Philippe, Matter of, v Motor Veh. Acc. Indem. Corp., 2020 NY Slip Op 51511(U)(App. Term 2d Dept. 2020) ” To the extent petitioner contends that her submission

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Policy Exhaust?

S.O.V. Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., 2020 NY Slip Op 51365(U)(App. Term 2d Dept. 2020) “In support of its motion, defendant alleged

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There was no policy

Gentlecare Ambulatory Anesthesia Servs.; Lyonel F. Paul M.D. v Hereford Ins. Co., 2020 NY Slip Op 51379(U)(App. Term 2d Dept. 2020) “The papers submitted by defendant

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Pa retroactive rescission

Monroe v Omni Indem. Co., 2020 NY Slip Op 50731(U)(App. Term 2d Dept. 2020) “Contrary to plaintiff’s contention, the affidavit of defendant’s litigation representative was sufficient

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The hourly attorney fee

Kamara Supplies v GEICO Gen. Ins. Co., 2020 NY Slip Op 50414(U)(App. Term 1st Dept. 2000) The holding is simple. If the “policy issue” is not

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Policy exhaustion

Matter of Ameriprise Ins. Co. v Kensington Radiology Group, P.C., 2020 NY Slip Op 00500 (1st Dept. 2020) “Respondent contends that its claims were complete before

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DJ following a default

Actual Chiropractic, P.C. v Global Liberty Ins. Co. of N.Y., 2020 NY Slip Op 50185(U)(App. Term 2d Dept. 2020) “On the instant appeal, defendant has annexed

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An interesting MVAIC issue

I usually do not focus or discuss too many MVAIC cases, mainly because they do not terribly interest me and the Second Department has held that

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The term condition precedent

Lida’s Med. Supply, Inc. v MVAIC, 2019 NY Slip Op 51618(U)(App. Term 2d Dept. 2019) ” Since MVAIC established that there had been no timely filing

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MVAIC is at it again

JJ & R Chiropractic PC v MVAIC, 2019 NY Slip Op 51559(U)(App. Term 1st Dept. 2019) ” [d]efendant MVAIC failed in its burden to establish, prima

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Workers Comp

Metro Psychological Servs., P.C. v Travelers Prop. & Cas. Ins. Co., 2019 NY Slip Op 51150(U)(App. Term 2d Dept. 2019) “Defendant proffered sufficient evidence to support

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PPO based discovery

North Val. Med., P.C. v Allstate Ins. Co., 2019 NY Slip Op 50904(U)(2d Dept. 2019) This one was interesting. (1) “A review of the record indicates

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No policy, no coverage

TAM Med. Supply Corp. v Hereford Ins. Co., 2018 NY Slip Op 51779(U)(App. Term 2d Dept. 2018) “In support of its cross motion, defendant submitted affidavits by

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Mallela – or was it?

Matter of Country-Wide Ins. Co. v Bay Needle Acupuncture, P.C.2018 NY Slip Op 08238 (1st Dept. 2018) This was an interesting case that discusses the distinction

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