Contractual deemer
New York courts examine when out-of-state insurers can avoid no-fault coverage obligations through contractual deemer provisions and policy language analysis.
Contractual deemer — Read Article → 149 Articles
Coverage
In-depth legal analysis from Attorney Jason Tenenbaum — covering court rulings, legal standards, and practical guidance on coverage under New York law.
It is $200,000 for pedestrians as well as all occupants of cabs
NYC taxi and Uber drivers now require $200,000 no-fault coverage per person for basic economic losses, up from $50,000, impacting medallion owners and ride-share operators.
It is $200,000 for pedestrians as well as all occupants of cabs — Read Article →
Alleviation – not much alleviated
Appellate Division affirms Civil Court in Alleviation Medical v Allstate, clarifying insurer obligations for exhausted policy limits and verified claims under NY no-fault law.
Alleviation – not much alleviated — Read Article →
An Mvaic Notice of Claim
Learn about MVAIC notice of claim requirements in NY. Court rules NF-2 application and police report don't constitute proper notice under Insurance Law § 5208.
An Mvaic Notice of Claim — Read Article →
Policy Exhaust?
New York court rejects insurance company's policy exhaustion defense, ruling that paying other claims after denying specific ones doesn't warrant dismissal.
Policy Exhaust? — Read Article →Need Legal Guidance?
Get a Free Case Evaluation
No fees unless we win. Available 24/7.
There was no policy
Court confirms workers' compensation policies don't cover no-fault benefits. Healthcare providers must verify correct insurance type before filing claims.
There was no policy — Read Article →
Policy exhaustion and the business records
Insurance companies must properly authenticate payment records with foundation evidence. A missing affidavit undermines policy exhaustion defense in no-fault cases.
Policy exhaustion and the business records — Read Article →
Pa retroactive rescission
Analysis of Pennsylvania retroactive rescission law in NY courts, including Monroe v Omni and burden of proof requirements for insurers seeking policy rescission.
Pa retroactive rescission — Read Article →
No need to file cancellation with DMV?
DMV cancellation notice not required when vehicle removed from policy and replaced with commercial vehicle under same coverage in NY no-fault insurance law.
No need to file cancellation with DMV? — Read Article →
The hourly attorney fee
Court rules hourly attorney fees only allowed for specifically enumerated NF-10 form policy issues in NY no-fault insurance cases, restricting fee recovery scope.
The hourly attorney fee — Read Article →
Policy exhaustion, again
NY Court rules on no-fault policy exhaustion when healthcare provider defaults on EUO verification requirements in Ameriprise v Kensington Radiology case.
Policy exhaustion, again — Read Article →
DJ following a default
Court takes judicial notice of permanent stay order in no-fault insurance case, rendering declaratory judgment appeal academic under NY law.
DJ following a default — Read Article →
MVAIC Claims in New York: Understanding Your Rights and Requirements
Expert legal guidance on MVAIC claims in NY. Learn requirements, deadlines & common pitfalls. Free consultation. Call 516-750-0595.
MVAIC Claims in New York: Understanding Your Rights and Requirements — Read Article →
Understanding Condition Precedents in New York No-Fault Insurance Claims
Learn how condition precedents affect no-fault insurance claims in New York. Expert legal guidance on protecting your rights. Call 516-750-0595 for help.
Understanding Condition Precedents in New York No-Fault Insurance Claims — Read Article →
MVAIC is at it again
New York appellate court ruling reveals ongoing jurisdictional split over MVAIC exhaustion requirements in no-fault insurance coverage disputes.
MVAIC is at it again — Read Article →
Workers Comp
Court ruling highlights the intersection between no-fault insurance and workers' compensation, emphasizing that Workers' Compensation Board has primary jurisdiction over employment-related injury determinations.
Workers Comp — Read Article →
No policy, no coverage
New York court confirms that insurance companies can defeat no-fault claims by proving no policy existed at the time of accident through proper affidavit evidence.
No policy, no coverage — Read Article →
Mallela – or was it?
Court distinguishes between Mallela defense and over-billing claims in no-fault insurance case, ruling that billing fraud doesn't qualify for extended defense timeline.
Mallela – or was it? — Read Article →
Another policy exhaustion case went nowhere
Another New York no-fault insurance case demonstrates that insurers must prove policy exhaustion with specific timing evidence to successfully defend coverage claims.
Another policy exhaustion case went nowhere — Read Article →
Prima Facie Staged accident
New York Court of Appeals decision on staged accident claims in no-fault insurance cases, examining prima facie evidence standards and insured incident requirements.
Prima Facie Staged accident — Read Article →
Policy Exhaustion goes to Madison Avenue/Someone from the Insurance Defense side should be putting in Amicu
Ameriprise v Kensington Radiology: Court grants appeal on $50,000 policy exhaustion defense in NY no-fault insurance arbitration award case.
Policy Exhaustion goes to Madison Avenue/Someone from the Insurance Defense side should be putting in Amicu — Read Article →
Non contact case on motion
Court ruling demonstrates how defendant's affidavits from driver and passenger can establish prima facie case that no contact occurred in no-fault insurance claim.
Non contact case on motion — Read Article →
Triable issue of fact on EIP issue
Court denies summary judgment in no-fault case where insurer failed to prove assignor wasn't eligible injured person despite out-of-state accident location.
Triable issue of fact on EIP issue — Read Article →
Coverage – use or operation
New York court clarifies that auto insurance coverage extends beyond vehicle operation to include related activities like luggage handling at bus stops.
Coverage – use or operation — Read Article →
Priority of payment, again
Court remands case for hearing on whether policy limits were exhausted before provider claims arose, highlighting critical priority of payment issues in no-fault insurance disputes.
Priority of payment, again — Read Article →
Alleviation is going to the Appellate Division – what happens next is for you to decide.
Allstate's motion for leave to appeal Alleviation Medical Services case granted by Appellate Division. Analysis of potential outcomes and regulatory implications.
Alleviation is going to the Appellate Division – what happens next is for you to decide. — Read Article →
Was the Plaintiff the owner? Court says triable issue of fact.
Fourth Department ruling establishes triable issue of fact regarding vehicle ownership despite conflicting documentation and testimony in no-fault insurance case.
Was the Plaintiff the owner? Court says triable issue of fact. — Read Article →
Detailed search yields no insurance policy
Court rules that detailed affidavit describing insurance record search was sufficient to prove no coverage existed on accident date, shifting burden back to plaintiff.
Detailed search yields no insurance policy — Read Article →
It was not the partner affirmation this time
NY court rules on policy exhaustion defense failure when insurer cited 11 NYCRR 65-3.15 for out-of-state policy, creating priority payment issues in no-fault case.
It was not the partner affirmation this time — Read Article →
Policy Exhaustion (again) must comport with the priority of payment regimen
New York Court rules on policy exhaustion timing requirements in no-fault insurance cases, emphasizing proper demonstration of coverage limits at claim completion.
Policy Exhaustion (again) must comport with the priority of payment regimen — Read Article →
The deemer acts to dismiss complaint against MVAIC
NY deemer statute allows courts to dismiss complaints against MVAIC when insurance coverage may be deemed to exist despite policy disclaimers under Insurance Law sections 370 and 5107.
The deemer acts to dismiss complaint against MVAIC — Read Article →
Occupied? Pedestrian?
Court clarifies when someone transitions from vehicle occupant to pedestrian status, impacting no-fault insurance coverage eligibility in New York.
Occupied? Pedestrian? — Read Article →
5102(d) examined at trial against MVAIC
Court ruling demonstrates that expert testimony on range of motion limitations and orthopedic tests can establish serious injury threshold under NY Insurance Law 5102(d).
5102(d) examined at trial against MVAIC — Read Article →
Policy exhaustion and fee schedule concerns
Easy Care Acupuncture v MVAIC case explores policy exhaustion defenses and fee schedule reductions in New York no-fault insurance acupuncture claims disputes.
Policy exhaustion and fee schedule concerns — Read Article →
Lack of coverage: there was no lease for the vehicle
Court affirms no coverage where auto leasing company's employee affidavit proved no policy existed for the vehicle on accident date, establishing prima facie defense.
Lack of coverage: there was no lease for the vehicle — Read Article →
Jury said the injury was related to a stint in prison
Jury finds no serious injury after plaintiff failed to disclose prison-related pain, affirming verdict against lying plaintiff in NY no-fault case.
Jury said the injury was related to a stint in prison — Read Article →
Supreme Court got it wrong but I saw a tactical error in the EUO
Supreme Court's ruling in State Farm v Thompson highlights strategic missteps in no-fault insurance declaratory judgment cases involving examination under oath procedures.
Supreme Court got it wrong but I saw a tactical error in the EUO — Read Article →
Equitable subrogation takes the backseat to the wording of the regualtion
New York no-fault insurance regulation limits benefit payments to applicants or healthcare providers only, blocking health insurers from claiming subrogation rights.
Equitable subrogation takes the backseat to the wording of the regualtion — Read Article →
Staged accident not proven
Court rules insurance company failed to prove staged accident claims due to inadmissible evidence and lack of personal knowledge in NY no-fault case.
Staged accident not proven — Read Article →
UM Hearing – evidence insufficient to prove presence of coverage
UM hearing case where petitioner failed to prove vehicle identification and insurance coverage at accident time - insufficient evidence under NY law.
UM Hearing – evidence insufficient to prove presence of coverage — Read Article →
The pedestrian knockdown case
Court rules USAA not liable for no-fault benefits in pedestrian knockdown case where insured and passenger affidavits denied contact, creating coverage gaps.
The pedestrian knockdown case — Read Article →
Very sneaky UM arbitration case on Geico’s part
Geico attempts to recover $25,000 from Global Liberty after paying uninsured motorist claim, despite failing to challenge coverage disclaimer in arbitration.
Very sneaky UM arbitration case on Geico’s part — Read Article →
Lack of coverage sustained
Court affirms that insurance company employee affidavit successfully demonstrated no policy coverage existed for vehicle on accident date, establishing valid defense.
Lack of coverage sustained — Read Article →
SUM Coverage
Learn about SUM (Supplemental Uninsured/Underinsured Motorist) coverage in NY. Essential protection when other drivers lack adequate insurance. Legal case analysis.
SUM Coverage — Read Article →
Cancellation of insurance policy
Court ruling highlights insurance companies' burden to prove proper DMV notification when canceling policies, affecting no-fault insurance defenses in New York.
Cancellation of insurance policy — Read Article →
Use and Operation: Duty to rescue inures first-party coverage
NY court rules firefighter injured during rescue operation entitled to SUM coverage when accident arose from negligent vehicle use - duty to rescue analysis.
Use and Operation: Duty to rescue inures first-party coverage — Read Article →
Loss Transfer limitations
New York no-fault insurance loss transfer limitations and mandatory arbitration procedures under Insurance Law § 5105. Court ruling on arbitrator authority.
Loss Transfer limitations — Read Article →
Another use and operation
Court rules bus passenger's injury from stepping into street hole doesn't qualify for no-fault benefits under "use and operation" standard in NY insurance law.
Another use and operation — Read Article →
Progressive cannot prove they mailed documents
Progressive insurance company fails to prove proper mailing of claim denials, court finds insufficient evidence of standard office procedures in NY no-fault case.
Progressive cannot prove they mailed documents — Read Article →
MVAIC: you must provide coverage
MVAIC coverage dispute: Appellate Division reverses denial for hit-and-run victim who made reasonable efforts to identify driver after realizing injury severity.
MVAIC: you must provide coverage — Read Article →
Exhaustion of benefits – strict priority of payment regimen is somewhat abrogaded
NY court ruling on no-fault insurance policy exhaustion defense when claims are properly denied but coverage limits reached through arbitration awards to other providers.
Exhaustion of benefits – strict priority of payment regimen is somewhat abrogaded — Read Article →
Parties cannot stipulate away issues of pure coverage
NY Court rules parties cannot stipulate away pure coverage issues in no-fault insurance disputes. Key precedent for coverage defense strategies.
Parties cannot stipulate away issues of pure coverage — Read Article →
Defective cancellation abrogated upon proof that another carrier picked up risk
NY Court ruling on auto insurance cancellation: when another carrier picks up coverage, prior policy automatically terminates under VTL §313(1)(a).
Defective cancellation abrogated upon proof that another carrier picked up risk — Read Article →
Preliminary injunction denied
Court denies preliminary injunction in NY no-fault insurance case where insurer failed to prove likelihood of success and irreparable harm in coverage dispute.
Preliminary injunction denied — Read Article →
What happened here?
Court rules on no-fault insurance coverage dispute, addressing procedural issues with raising defenses for first time on appeal and excess coverage eligibility.
What happened here? — Read Article →
Declaratory judgment action (again) moots the underlying Civil Court action
Court ruling demonstrates how declaratory judgment actions can effectively moot underlying Civil Court proceedings through res judicata doctrine in no-fault insurance disputes.
Declaratory judgment action (again) moots the underlying Civil Court action — Read Article →
The buckling knee when exiting
Court rules knee buckling while exiting vehicle doesn't qualify for NY no-fault benefits - use and operation requirements explained for personal injury claims.
The buckling knee when exiting — Read Article →
Staged accident stay
Liberty Mutual v Young case analysis: staged accident claims, coverage disclaimers, and uninsured motorist benefits in New York insurance law disputes.
Staged accident stay — Read Article →
What happened Mr. Rookie?
Court rules on insurance policy cancellation for nonpayment, discussing burden of proof requirements and statutory compliance under Vehicle and Traffic Law § 313.
What happened Mr. Rookie? — Read Article →
From the eyes of the insured has its limits
NY court rules staged accident schemes void coverage regardless of innocent third party status - challenges Langan doctrine on intentional acts
From the eyes of the insured has its limits — Read Article →
A good causation case
New York Court of Appeals case demonstrates how timing gaps between accidents and medical complaints can break the causal chain in personal injury claims.
A good causation case — Read Article →
MVAIC trouble
MVAIC coverage requirements vary by judicial department, creating strategic considerations for no-fault insurance claims involving burden of proof standards.
MVAIC trouble — Read Article →
Contemporaneous medical records sufficient
Court ruling demonstrates how contemporaneous medical records can establish causation between accidents and injuries, with implications for no-fault insurance claims.
Contemporaneous medical records sufficient — Read Article →
Triable issue of causation established
Court establishes triable issue of fact on causation in personal injury case, highlighting importance of medical expert testimony and comparative MRI evidence.
Triable issue of causation established — Read Article →
It did not work the second time around
New York appellate court decisions show inconsistent rulings on no-fault insurance medical necessity and causation claims, highlighting unpredictable outcomes.
It did not work the second time around — Read Article →
Break in the chain of causation
New York court ruling on causation breaks when injury treatment is delayed 6 months after motor vehicle accident, making medical opinions speculative.
Break in the chain of causation — Read Article →
Insurable interest
Court ruling clarifies insurable interest requirements in NY auto insurance, showing vehicle owners have valid coverage interests that insurers cannot improperly cancel.
Insurable interest — Read Article →
Permanent consequential v. Significant limitaton – the value of early surgery
Analysis of Sutliff v Qadar case examining permanent consequential vs significant limitation standards under 5102(d), highlighting the importance of early surgical intervention for personal injury claims.
Permanent consequential v. Significant limitaton – the value of early surgery — Read Article →
An Application of Langan
New York Court of Appeals applies Langan test for intentional loss coverage, examining accidents from insured's perspective in uninsured motorist claims.
An Application of Langan — Read Article →
Supplemental affirmation on a DJ case acceptable and res judicata mandates dismissal of complaint
Court rules supplemental affirmation acceptable in DJ case and res judicata mandates dismissal of no-fault complaint after prior declaratory judgment ruling.
Supplemental affirmation on a DJ case acceptable and res judicata mandates dismissal of complaint — Read Article →
Back when DJ’s roamed the earth
Ultimate Health Prods. v American Tr. Ins. Co. case analysis on declaratory judgment actions, res judicata, and no-fault insurance coverage disputes in New York courts.
Back when DJ’s roamed the earth — Read Article →
A case better left unappealed
When typos in court filings undermine insurance companies' coverage defenses, even simple clerical errors can have significant legal consequences in no-fault cases.
A case better left unappealed — Read Article →
There is no policy of insurance in effect – the standard is set forth below
New York court clarifies insurance companies don't need exhaustive documentation when proving no coverage exists, setting practical standards for no-fault cases.
There is no policy of insurance in effect – the standard is set forth below — Read Article →
Wrong carrier (again)
Court dismisses no-fault case when healthcare provider sued wrong insurance carrier, highlighting importance of proper defendant identification in insurance claims.
Wrong carrier (again) — Read Article →
Reargument granted and complaint dismissed under PA law
New York court applies Pennsylvania insurance law to dismiss no-fault benefits claim where injured party was complicit in insurance fraud scheme.
Reargument granted and complaint dismissed under PA law — Read Article →
Walking out of an EUO leads to a disclaimer and a whole lot more
Walking out of an EUO leads to disclaimer and coverage denial. Court rules insured who departed mid-examination breached policy conditions in NY no-fault case.
Walking out of an EUO leads to a disclaimer and a whole lot more — Read Article →
Verdict sustaining that the loss was intentional sustained
NY court upholds jury verdict finding motor vehicle collision was intentionally caused, denying plaintiff's motion for judgment as matter of law in no-fault case.
Verdict sustaining that the loss was intentional sustained — Read Article →
Policy can be rescined under PA law; proof insufficient as to particular Assignor
PA law policy rescission case - insufficient proof against assignor in NY no-fault insurance fraud claim. Delta Diagnostic v Infinity Group 2014 decision analysis.
Policy can be rescined under PA law; proof insufficient as to particular Assignor — Read Article →
Material misrepresentation – via Florida law
Florida court case on material misrepresentation in no-fault insurance applications and ab initio policy cancellation requirements under Florida law.
Material misrepresentation – via Florida law — Read Article →
Fraudulent procurement and preclusuion
New York no-fault insurance law addresses when carriers can raise fraudulent procurement defenses and timing requirements under the 30-day pay or deny rule.
Fraudulent procurement and preclusuion — Read Article →
Biomechanical Engineer allowed to testify
Landmark 2014 Vargas v Sabri case allows biomechanical engineers to testify on motor vehicle accident causation without medical credentials in New York courts.
Biomechanical Engineer allowed to testify — Read Article →
2309(c) – dead for now (maybe?) and the out of state insurer issue
Analysis of CPLR 2309(c) certificate of conformity requirements for out-of-state affidavits in New York no-fault insurance litigation and recent court decisions.
2309(c) – dead for now (maybe?) and the out of state insurer issue — Read Article →
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.
Trial De Novo granted and declaration of non-coverage granted — Read Article →
MVAIC should have sought the information through verification
MVAIC case establishes insurers must seek coverage information through verification before challenging qualified person status in NY no-fault claims
MVAIC should have sought the information through verification — Read Article →
Punted.
Second Department punts on Unitrin issue in Westchester v. GEICO, noting coverage challenge improperly raised on appeal while awaiting clarity from other courts.
Punted. — Read Article →
Proof that the injury was pre-existing was not refuted
Get expert legal analysis on Proof that the injury was pre-existing was not refuted from Law Office of Jason Tenenbaum | Personal Injury Lawyers
Proof that the injury was pre-existing was not refuted — Read Article →
Documentation shows wrong insurance carrier was sued
Court ruling shows defendant successfully proved wrong insurance carrier was sued using claims manager's affidavit, potentially breaking from precedent requiring underwriter testimony.
Documentation shows wrong insurance carrier was sued — Read Article →
DJ granted – Defendant failed to present evidence that Defendant attended IME
Court grants declaratory judgment after defendant fails to provide evidence of attending scheduled independent medical examinations in no-fault insurance case.
DJ granted – Defendant failed to present evidence that Defendant attended IME — Read Article →
Use, Operation and proximate cause liberally construed to afford coverage
New York no-fault insurance coverage expanded through liberal construction of use, operation and proximate cause requirements in rescue injury case.
Use, Operation and proximate cause liberally construed to afford coverage — Read Article →
Chubb defense substantiated and unrebutted on this record
Court dismisses no-fault claim when medical provider's bare-bones affidavit fails to rebut insurer's causation defense with factual basis or address contrary expert findings.
Chubb defense substantiated and unrebutted on this record — Read Article →
Policy Exhaustion and priority of payment
Learn how New York no-fault insurance policy limits affect medical provider recovery when coverage is exhausted. Mount Sinai Hospital case analysis.
Policy Exhaustion and priority of payment — Read Article →
The declaratory judgment failed to name everybody
New York court ruling on declaratory judgment privity in no-fault insurance cases involving assignee providers and material misrepresentation claims.
The declaratory judgment failed to name everybody — Read Article →
Absence of a business record entry = no motor vehicle accident
Expert analysis of Jesa Med. Supply v NYC Transit Authority and business records evidence. Learn how absent records affect personal injury cases in NY.
Absence of a business record entry = no motor vehicle accident — Read Article →
Successful summary judgment: Plaintiff Assignor jumped on a parked car and walked away and the complaint was dismissed
Analysis of successful insurance defense summary judgment in NY no-fault case involving parked vehicle. Evidentiary requirements for medical providers. Call 516-750-0595.
Successful summary judgment: Plaintiff Assignor jumped on a parked car and walked away and the complaint was dismissed — Read Article →
Staged accident and non-payments of premiums
Insurance fraud case reveals challenges with internet policy binding and payment requirements, highlighting need for stronger due diligence in no-fault claims.
Staged accident and non-payments of premiums — Read Article →
A primer on Florida Law
Analysis of Florida vs New York no-fault insurance laws, focusing on retroactive policy rescission differences and choice of law implications in cross-state accident cases.
A primer on Florida Law — Read Article →
MVAIC failed to disprove that the accident was the cause of the injuries
MVAIC fails to prove motor vehicle accident didn't cause injuries using inadmissible hearsay police report, resulting in summary judgment loss in NY court.
MVAIC failed to disprove that the accident was the cause of the injuries — Read Article →
No coverage due to lack of proof regarding Claimant's status as resident relative
Rally Chiropractic v Nationwide case ruling on no-fault coverage denial due to assignor not regularly residing with insured under NY regulations.
No coverage due to lack of proof regarding Claimant's status as resident relative — Read Article →
Lack of causation proven prima facie through a biomechanical study
Court grants summary judgment based on biomechanical engineer's conclusion that claimed injuries could not have resulted from the accident, shifting burden to plaintiff.
Lack of causation proven prima facie through a biomechanical study — Read Article →
Use and Operation
Cividanes v City of New York case analysis examining "use and operation" requirements for no-fault coverage when plaintiff injured exiting bus into pothole.
Use and Operation — Read Article →
Oh Pearl
Expert analysis of medical causation in NY personal injury cases when experts disagree. Learn how Grant v United Pavers protects your rights. Call 516-750-0595.
Oh Pearl — Read Article →
The Court of Appeals discusses a condition precedent
Court of Appeals ruling on hospital NF-5 submissions and 30-day notification requirements under New York no-fault insurance condition precedent rules.
The Court of Appeals discusses a condition precedent — Read Article →
Appellate Term Second Department holds that MVAIC's prima facie case is similar to that of other providers
Appellate Term Second Department rules MVAIC's prima facie case requirements match other no-fault insurance providers in Turnpike Medical decision.
Appellate Term Second Department holds that MVAIC's prima facie case is similar to that of other providers — Read Article →
It is John J. McGee again.
New York Court of Appeals rules on severance in no-fault insurance fraud cases involving multiple professional corporations and common scheme allegations.
It is John J. McGee again. — Read Article →
Mallela defense must be arbitrated upon demand of Applicant
Court rules that Mallela fraudulent incorporation defenses must be decided by arbitrators, not courts, when applicants demand arbitration under no-fault law.
Mallela defense must be arbitrated upon demand of Applicant — Read Article →
An intentional act is precluded if not raised in a timely denial
New York court ruling transforms intentional act from coverage issue to policy exclusion, creating new category of precludable coverage defenses in no-fault insurance law.
An intentional act is precluded if not raised in a timely denial — Read Article →
Contract of insurance is vitiated?
New York insurance law requires timely notice of claims. When insureds fail to provide proper notice, the entire insurance contract can be voided, leaving them without coverage.
Contract of insurance is vitiated? — Read Article →
Triable issue of fact as to lack of coverage
Third Department case analyzes proof requirements for insurance carriers demonstrating lack of coverage, highlighting triable issues of fact in no-fault claims.
Triable issue of fact as to lack of coverage — Read Article →
A 2007 causation case – affidavit insufficient
2007 New York case shows how conclusory medical expert affidavits fail to establish causation in personal injury claims, highlighting importance of substantive evidence.
A 2007 causation case – affidavit insufficient — Read Article →
District Nassau justifies IME no-show coverage defnese based upon Stephen Fogel
Nassau District Court upholds IME no-show coverage defense using Stephen Fogel precedent, ruling condition precedent defenses never waive in no-fault cases.
District Nassau justifies IME no-show coverage defnese based upon Stephen Fogel — Read Article →
Just a bad decision
Court rules insurer cannot modify no-fault judgment after losing summary judgment motion - defendant's belated policy limit defense fails procedural requirements.
Just a bad decision — Read Article →
From your perspective – not mine
Court of Appeals clarifies that intentional act exclusions in auto insurance should be evaluated from the injured person's perspective, not the actor's.
From your perspective – not mine — Read Article →
A limited collateral attack on an arbitration award is upheld
Court upholds insurer's right to challenge arbitration award exceeding policy limits, even without timely denial, when coverage has been exhausted under no-fault law.
A limited collateral attack on an arbitration award is upheld — Read Article →
MVAIC loses again
MVAIC suffers another court defeat in no-fault insurance case, with appeals court denying summary judgment on coverage requirements and remedy exhaustion claims.
MVAIC loses again — Read Article →
MVAIC gets hit again at the Appellate Term, First Department
MVAIC faces continued legal challenges at Appellate Term First Department. Expert analysis of MVAIC claims and court decisions. Call Jason Tenenbaum 516-750-0595.
MVAIC gets hit again at the Appellate Term, First Department — Read Article →
Proof insufficient to prove the accident was intentional
NY court rules insufficient proof to establish intentional accident. Important guidance on police report admissibility for Long Island & NYC medical providers. Call 516-750-0595.
Proof insufficient to prove the accident was intentional — Read Article →
Bad papers = Bad result
Learn why proper legal documentation is critical in NY no-fault insurance cases. Expert analysis of MVAIC claims and common documentation errors.
Bad papers = Bad result — Read Article →
Material Misrepresentation in Insurance Procurement: New York Law Protects Policyholders
Learn how New York law protects policyholders from untimely insurance denials based on alleged misrepresentation. Long Island insurance attorneys explain your rights.
Material Misrepresentation in Insurance Procurement: New York Law Protects Policyholders — Read Article →
MVAIC Claim Coverage: Understanding Qualified Person Status in New York No-Fault Cases
Learn MVAIC claim coverage requirements and qualified person status from Englington Medical case. Expert analysis for Long Island and NYC uninsured motorist accidents.
MVAIC Claim Coverage: Understanding Qualified Person Status in New York No-Fault Cases — Read Article →
Guidance on how to defeat a lack of causation motion regarding injury to a knee
Learn how to defeat lack of causation motions in knee injury cases. Expert guidance on establishing causal relationship between accidents and injuries in NY.
Guidance on how to defeat a lack of causation motion regarding injury to a knee — Read Article →
The MVAIC blood letting continues
MVAIC faces another courtroom defeat in S & L Med. P.C. v MVAIC, where untimely claim denials failed to protect against qualified no-fault benefit challenges.
The MVAIC blood letting continues — Read Article →
Lack of causal relationship motion denied based upon evidence that the injured person was "asymptomatic" prior to the motor vehicle accident
Court denies lack of causal relationship motion when plaintiff was asymptomatic before motor vehicle accident, despite prior injuries and degenerative changes.
Lack of causal relationship motion denied based upon evidence that the injured person was "asymptomatic" prior to the motor vehicle accident — Read Article →
MVAIC continues to dig its grave at the Appellate Division
MVAIC faces setbacks at Appellate Division as courts consistently rule against its coverage defenses, requiring proof of lack-of-coverage claims in NY no-fault cases.
MVAIC continues to dig its grave at the Appellate Division — Read Article →
She really was not an EIP
Court rules plaintiff must provide sufficient information on NF-2 forms to establish insured status in no-fault claims, highlighting coverage determination requirements.
She really was not an EIP — Read Article →
The spreadsheet was not in admissible form?
Court case analysis examining admissibility of business records and material misrepresentation in no-fault insurance policy procurement disputes in New York.
The spreadsheet was not in admissible form? — Read Article →
Triable issue of fact found as to the issue of whether an injury was causally related to a motor vehicle accident
Court finds triable issue of fact on injury causation in motor vehicle accident case despite strong radiological evidence showing pre-existing degenerative condition.
Triable issue of fact found as to the issue of whether an injury was causally related to a motor vehicle accident — Read Article →
Use and Operation – Should the SUM endorsement be read differently than the no-fault endorsement?
Analysis of use and operation coverage differences between SUM endorsement and no-fault PIP endorsement under New York insurance law.
Use and Operation – Should the SUM endorsement be read differently than the no-fault endorsement? — Read Article →
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.
The Appellate Division grants an Article 75 petition and remands the matter back to AAA arbitration — Read Article →
Broke the chain of causation
New York appellate court ruling demonstrates how a patient's failure to follow medical instructions can break the chain of causation in malpractice cases.
Broke the chain of causation — Read Article →
Causation defense rebuffed – notice the subtleties of this case
Court case highlights crucial distinction between reviewing MRI reports versus actual films when defending against causation claims in personal injury cases.
Causation defense rebuffed – notice the subtleties of this case — Read Article →
The Civil Court – in case you did not know – has limited declaratory judgment powers
New York Civil Court has limited declaratory judgment powers for insurance disputes, with jurisdiction restricted to cases where the underlying amount doesn't exceed $25,000.
The Civil Court – in case you did not know – has limited declaratory judgment powers — Read Article →
Collateral estoppel in the declaratory judgment action does not necessarily apply to the underlying no-fault action
Court rules collateral estoppel from declaratory judgment doesn't bar no-fault claims when plaintiff wasn't named, served, or in privity with defendant.
Collateral estoppel in the declaratory judgment action does not necessarily apply to the underlying no-fault action — Read Article →
Default Judgment Pitfalls: Why Non-Hearsay Evidence Is Critical in New York Declaratory Judgment Actions
Learn why default judgments in NY declaratory judgment actions require non-hearsay evidence. Expert analysis of CPLR 3215 requirements from experienced attorneys.
Default Judgment Pitfalls: Why Non-Hearsay Evidence Is Critical in New York Declaratory Judgment Actions — Read Article →
A person who parks a truck on the side of the road, exits it and directs traffic is not using or operating the truck
Understanding vehicle use and operation in New York auto insurance claims. Expert Long Island lawyers explain the Gallaher v Republic Franklin decision. Call 516-750-0595.
A person who parks a truck on the side of the road, exits it and directs traffic is not using or operating the truck — Read Article →
The appellate division grants summary judgment since the loss was not an insured event – UPDATED
Understanding "not an insured event" defenses in no-fault insurance cases. Long Island and NYC personal injury attorney explains coverage challenges and solutions.
The appellate division grants summary judgment since the loss was not an insured event – UPDATED — Read Article →
Neurologist’s Insufficient Affirmation: Understanding Causal Connection in Personal Injury Cases
Learn how conclusory medical opinions can be challenged in NY personal injury cases. Expert legal analysis of Frias v James case. Free consultation - Call 516-750-0595.
Neurologist’s Insufficient Affirmation: Understanding Causal Connection in Personal Injury Cases — Read Article →
District Court Found That a Detailed Affidavit Was Sufficient to Show That the Vehicle Was Not Involved in a Motor Vehicle Accident
Learn how a detailed affidavit successfully proved a vehicle was not involved in a motor vehicle accident in Nassau County District Court. Expert legal analysis from Jason Tenenbaum.
District Court Found That a Detailed Affidavit Was Sufficient to Show That the Vehicle Was Not Involved in a Motor Vehicle Accident — Read Article →
Collateral Estoppel in Medical Malpractice: Long Island & NYC Legal Guide
Learn how collateral estoppel in no-fault insurance cases can bind patients in personal injury claims. Essential guide for Long Island and NYC medical providers.
Collateral Estoppel in Medical Malpractice: Long Island & NYC Legal Guide — Read Article →
Understanding Staged Accident Allegations in New York Insurance Claims
Understanding staged accident allegations in New York insurance claims. Expert legal defense against fraud accusations from experienced NY personal injury attorneys. Call 516-750-0595.
Understanding Staged Accident Allegations in New York Insurance Claims — Read Article →
Understanding Pedestrian Contact Defense in New York Personal Injury Cases
Understanding the "I was there but never hit you" defense in NYC pedestrian accidents. Expert legal analysis from experienced NY personal injury attorneys. Call 516-750-0595.
Understanding Pedestrian Contact Defense in New York Personal Injury Cases — Read Article →
Can a Declaration of Non-Coverage that Arises from a Co-Defendant's Default be Considered Collateral Estoppel Against the Appearing and Answering Defendant?
Learn about collateral estoppel and privity in NY no-fault insurance cases. Expert analysis of State Farm v. Frias for Long Island & NYC residents facing insurance disputes.
Can a Declaration of Non-Coverage that Arises from a Co-Defendant's Default be Considered Collateral Estoppel Against the Appearing and Answering Defendant? — Read Article →
Identity Fraud in Insurance Policy Procurement: Long Island NYC Legal Guide
Expert analysis of identity fraud in insurance policy procurement. Long Island & NYC legal guidance on no-fault insurance fraud defense. Call 516-750-0595.
Identity Fraud in Insurance Policy Procurement: Long Island NYC Legal Guide — Read Article →
Insurance Material Misrepresentations: When Preponderance Matters More Than Intent
Learn how NY Insurance Law Section 3105(b) allows policy rescission for material misrepresentations without proving intent. Essential guidance for healthcare providers and policyholders.
Insurance Material Misrepresentations: When Preponderance Matters More Than Intent — Read Article →
My car was not there damnit!
Understanding coverage disputes in assigned no-fault claims and their impact on personal injury cases. Expert legal guidance from Long Island attorney Jason Tenenbaum.
My car was not there damnit! — Read Article →
Understanding the Lobel Effect: No-Fault Insurance and Personal Injury Law
Learn how no-fault arbitration can destroy your personal injury case through collateral estoppel. Expert legal analysis from experienced Long Island attorney.
Understanding the Lobel Effect: No-Fault Insurance and Personal Injury Law — Read Article →
How Medical Expert Testimony Can Make or Break Your NY Personal Injury Case
Learn how medical expert testimony affects personal injury cases in NY. Discover why proper medical evidence is crucial for overcoming preexisting condition defenses.
How Medical Expert Testimony Can Make or Break Your NY Personal Injury Case — Read Article →
Affirmed, Reversed, and Modified on Summary Judgment: Key Causation Lessons
Learn how New York courts evaluate medical evidence in personal injury cases through key appellate decisions on causation, expert testimony, and preexisting conditions.
Affirmed, Reversed, and Modified on Summary Judgment: Key Causation Lessons — Read Article →
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.
Causation – Be aware of seeking a trial de novo after a master arbitrator affirms an award — Read Article →Questions About Coverage?
Get Expert Legal Guidance
Attorney Jason Tenenbaum has been writing about coverage since 2008, drawing on 24+ years of practice. Get a free, confidential case evaluation.
No fees unless we win · Available 24/7 · Hablamos Español