Englington Med., P.C. v Motor Veh. Acc. Indem. Corp.,2011 NY Slip Op 00176 (App. Term 2d Dept. 2011) “On its motion for summary judgment, MVAIC had
With the uptick in surgeries that are taking place in no-fault practice, the question that every claims representative or defense attorney evaluating these types of cases
Some have said no-pain, no gain. But, how much pain does one have to endure before it becomes apparent that “something is rotten in the State
Interesting discussion on what is probably the only way to beat a threshold motion when representing a member of the “accident of the month” club. The
Motor Veh. Acc. Indem. Corp. v NYC East-West Acupuncture, P.C., 2010 NY Slip Op 07111 (1st Dept. 2010) Sometimes, you win the battle but lose the
Lenox Hill Radiology v Government Empls. Ins. Co., 2010 NY Slip Op 51638(U)(App. Term 1st Dept. 2010) “Plaintiff’s listing of Higginbotham as the insured party on
Total Family Chiropractic v Mercury Cas. Co., 2010 NY Slip Op 51470(U)(App. Term 2d Dept. 2010) This was another one that did not necessarily go my
Stephen Fealy, M.D., P.C. v State Farm Mut. Auto Ins. Co., 2010 NY Slip Op 51442(U)(App. Term 2d Dept. 2010) I was involved in this case.
Use and Operation. This is one area of law that is all over the place. Practitioners that are called upon to give opinions on whether coverage
Matter of Mvaic v Interboro Med. Care & Diagnostic PC, 2010 NY Slip Op 04522 (1st Dept. 2010) “MVAIC defended the arbitration on the ground that
Wilkins v Khoury, 2010 NY Slip Op 03435 (2d Dept. 2010) “While the plaintiff, in opposition, raised a triable issue of fact as to whether the
McDuffie v Rodriguez, 2010 NY Slip Op 03366 (1st Dept. 2010) “Defendants met their prima facie burden of establishing that plaintiff did not sustain a serious
Five Boro Psychological Servs., P.C. v AutoOne Ins. Co., 2010 NY Slip Op 20131 (App. Term 2d Dept. 2010) “In any event, the Civil Court would
Magic Recovery Med. & Surgical Supply Inc. v State Farm Mut. Auto. Ins. Co., 2010 NY Slip Op 20130 (App. Term 2d Dept. 2010) “Plaintiff herein
This is a most interesting case. I will discuss my thoughts in some detail because this case seems to possibly support the inference that a default
Gallaher v Republic Franklin Ins. Co., 2010 NY Slip Op 01143 (4th Dept. 2010) “we agree with defendant that the court erred in determining that there
St. Vincent’s Hosp. & Med. Ctr. v Allstate Ins. Co., 2010 NY Slip Op 00668 (2d Dept. 2010) “In support of its cross motion, the defendant
Frias v James, 2010 NY Slip Op 00301 (1st Dept. 2010) “In support of their motion, defendants submitted evidence that plaintiff was suffering from restrictions of
In the recent matter of St. Johns Hospital v. State Farm (Nassau County Index #: 11997/08), which we defended on behalf of State Farm, Judge Chaikin
Andromeda Med. Care, P.C. v NY Cent. Mut. Fire Ins. Co., 2009 NY Slip Op 52601(U)(App. Term 2d Dept. 200) “In support of its motion, defendant
