Post Jamaica Wellness Appellate Division victories
Jamaica Wellness Appellate Division victories: Fourth Department clarifies successive summary judgment motions in no-fault insurance cases following prior appeal decisions.
Read More →Declaratory Judgment Action
56 articles by Jason Tenenbaum, Esq.
Non contact case
New York appellate court reverses denial of summary judgment in no-fault insurance declaratory judgment action, finding motion not premature despite discovery issues.
Read More →
After the DJ
New York court establishes when medical providers must be named in declaratory judgment actions for binding non-coverage decisions under res judicata doctrine.
Read More →
Negligent Employment in Insurance: When Companies Cross the Line from Claims Handling to Harmful Practices
Learn when insurance company practices constitute negligent employment. Expert analysis of Walden Bailey decision and claims handling misconduct. Call 516-750-0595.
Read More →
Legal Document Quality Issues in New York Personal Injury Cases: Lessons from Global Liberty Insurance v. Tyrell
Learn about document quality requirements in NY personal injury cases. Expert legal analysis from experienced attorneys. Call 516-750-0595.
Read More →
Civil Court Lacks Subject Matter Jurisdiction Over Declaratory Judgment Actions NY
NY Civil Court lacks jurisdiction over declaratory judgment actions. Get expert insurance litigation help. Call 516-750-0595 for free consultation.
Read More →
Appellate Term, first department gives expansive reading to CCA 212-a
Appellate Term expands Civil Court jurisdiction for no-fault insurance disputes under CCA 212-a, allowing cases up to $25,000 following arbitrator awards exceeding $5,000.
Read More →
Understanding Retroactive Application of New York Insurance Regulations
New DFS insurance regulations typically apply prospectively, not retroactively. Learn your rights when insurance companies change claim rules mid-process. Call 516-750-0595
Read More →
Default vacated
Second Department vacates default judgment in GEICO v Avenue C Med case, granting defendants' motion based on law office failure and miscommunication between counsel.
Read More →
A declaratory judgment to nowhere
Court rules default judgment in declaratory action against assignor doesn't determine provider's rights, can't preclude separate no-fault insurance claim.
Read More →
Where was the reasonable excuse?
Two NY court cases examine reasonable excuse requirements for opening defaults in no-fault insurance litigation, highlighting challenges defendants face.
Read More →
An order granting a declaratory judgment suffices for affirmation in opposition
Court ruling confirms Supreme Court declaratory judgment orders can support Civil Court decisions without formal opposition papers in no-fault insurance cases.
Read More →
DJ not collateral estoppel
Court rules that medical provider wasn't bound by prior declaratory judgment action where they weren't named, served, or in privity with the parties involved.
Read More →
Failure to include order/judgment with declaration is fatal
Court orders granting motions aren't always final judgments. Learn why failing to include proper declarations in your order can be fatal to your case's preclusive effect.
Read More →
Avoiding the 120-day rule to make a summary judgment motion
Court ruling shows how defendants can avoid CPLR's 120-day summary judgment rule when motion involves purely legal questions rather than factual disputes.
Read More →
Attorneys fees on a DJ
Analysis of attorney fee recovery in New York declaratory judgment actions, examining when medical providers and insureds can recover legal costs in no-fault insurance disputes.
Read More →
Court addresses lack of meritorious defense and fails to evaluate reasonable excuse
Court case examining insurance company's failure to demonstrate meritorious defense when vacating default judgment due to accident date discrepancy in no-fault claim.
Read More →
Notice of Entry
New York court ruling on Notice of Entry requirements in foreclosure and declaratory judgment actions, including implications for no-fault insurance cases.
Read More →
Declaratory judgment actions against the city
Analysis of Country-Wide Ins. Co. v. Dejean regarding declaratory judgment venue rules and EUO timing requirements in NYC no-fault cases.
Read More →
A DJ to nowhere
Court ruling on EUO no-shows in no-fault insurance cases, establishing proof requirements for timely examination scheduling relative to billing receipt.
Read More →
Punted satisfaction case
J.K.M. Med. Care v Interboro Insurance case analysis: provider's satisfaction case involving successive motions and judgment entry timing in no-fault benefits dispute.
Read More →
Judgment in declaratory judgment action does not need to rendered against Assignor to be effective
New York court rules judgment in declaratory action bars assignee recovery without direct order against assignor in no-fault insurance case.
Read More →
Default granted but summary judgment motion denied
Global Liberty Ins. Co. v W. Joseph Gorum case analysis: court grants default but denies summary judgment on medical necessity peer review signature issues.
Read More →
Preliminary injunction denied – the analysis is questionable
Court denies preliminary injunction in Liberty Mutual fraud case, finding insufficient evidence of fraudulent incorporation despite gaps in EUO testimony.
Read More →
What do these cases have in common?
Three 2016 no-fault insurance cases demonstrate how procedural requirements under 11 NYCRR 65-3.5 can derail declaratory judgment actions seeking coverage denials.
Read More →
The Court comments on a copy and paste job
Court criticizes insurance carrier's sloppy copy-and-paste affidavit with wrong policyholder name, highlighting importance of careful document preparation in rescission cases.
Read More →
Declaratory judgment – ability to oppose the motion en toto?
New York declaratory judgment law: Can defendants oppose motions entirely when multiple parties are named? Analysis of standing requirements and procedural options.
Read More →
Unpleaded defense can serve as basis to move for summary judgmemnt
NY court rules unpleaded defenses can support summary judgment motions without prejudice or surprise to opposing party in insurance litigation.
Read More →
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.
Read More →
EUO no-show from the First Department – lucky win by Mapfre?
First Department ruling on EUO no-shows in Mapfre v Manoo case - examining scheduling requirements and follow-up provisions under NY no-fault insurance regulations.
Read More →
Motion to dismiss complaint reversed – the interest clock continues
Court reverses motion to dismiss in no-fault insurance case, ruling interest clock continues despite pleading deficiencies when opposition provides sufficient information.
Read More →
Judicial notice of the Supreme Court file
New York Appellate Term explores judicial notice boundaries in res judicata case, examining when courts "may" take notice of Supreme Court records without party request.
Read More →
Unpreserved argument
Court rejects unpreserved argument on appeal in no-fault declaratory judgment case, highlighting importance of raising all meritorious issues at trial level.
Read More →
Unsettled order fails to dismiss Civil Court action
Court rules that unsettled declaratory judgment order lacks preclusive effect in no-fault insurance litigation when parties' rights aren't clearly declared.
Read More →
Unitrin citing that hits upon the Longevity factors
New York court ruling clarifies timing requirements for IME requests under no-fault insurance regulations, highlighting tensions between different regulatory provisions.
Read More →
Staged accident not proven – very sloppy papers
Court rejects insurance company's staged accident claim due to inadmissible evidence and procedural failures, highlighting the importance of proper documentation in litigation.
Read More →
Trial De Novo not tenable
New York court clarifies trial de novo requirements in no-fault insurance arbitration cases, ruling that awards under $5,000 prevent parties from pursuing litigation.
Read More →
Declaratory judgment reversed on appeal
Court reverses denial of default judgment in EUO case, finding attorney's affirmation under penalty of perjury sufficient proof of proper mailing procedures.
Read More →
Court apparently finds CPLR 3211(a)(4) sufficient to dismiss part of DJ
NY Supreme Court dismisses part of declaratory judgment action under CPLR 3211(a)(4), contradicting established precedent from American Transit v. Solorzano case.
Read More →
Declaratory judgments: the minimum necessary to obtain collateral estoppel effect
Learn when declaratory judgments obtain collateral estoppel effect in NY insurance law. Key cases show orders must contain actual declarations, not just settlement directions.
Read More →
First Department upholds EUO DJ victory
First Department upholds declaratory judgment victory for insurer after assignors failed to appear at scheduled examinations under oath in no-fault case.
Read More →
Declaratory judgment action and Special proceeding are identical – dismissal denied
Court rules that dismissal for prior pending proceeding requires substantially the same relief being sought in both actions, rejecting tenant's motion to dismiss landlord's holdover proceeding.
Read More →
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.
Read More →
No reasonable excuse found
Court finds no reasonable excuse for default in no-fault declaratory judgment action where medical providers failed to respond despite proper service.
Read More →
Another IME no-show victory shrowded in American Transit citations
Court victory for insurer after patient's IME no-show, featuring American Transit citations and analysis of denial rights in New York no-fault cases.
Read More →
EUO no-show DJ is successful (for the most part)
Second Department affirms declaratory judgment for insurer after medical provider failed to appear for two examinations under oath, establishing material breach of no-fault policy.
Read More →
Trial De Novo reqires each award to be equal to or greater than $5000
Trial de novo requires awards of $5,000+ for plenary judicial review in New York no-fault insurance cases, per Insurance Law § 5106(b).
Read More →
Declaratory judgment action given preclusive effect
Court ruling demonstrates how declaratory judgments can preclude subsequent no-fault insurance claims arising from the same accident, establishing binding legal precedent.
Read More →
Stay not granted in declaratory judgment action
Court denies stay in declaratory judgment action due to insufficient overlap between parties in separate proceedings under CPLR 2201.
Read More →
So what did the Second Department mean?
Second Department's Interboro v Clennon decision analysis on no-fault EUO compliance and material breach standards for Long Island personal injury attorneys.
Read More →
Civil Court properly granted motion to stay when DJ action is pending
Civil Court properly grants stay motion when declaratory judgment action pending - avoiding inconsistent adjudications in no-fault insurance cases.
Read More →
DJ denial reversed: A misspelling can be excused, and notice to the attorney is enough
DJ denial reversed: Court excuses IME notice misspelling, rules proper service to attorney sufficient for no-fault insurance claim coverage denial.
Read More →
Court takes judicial notice of Supreme Court declaratory judgment action
Court takes judicial notice of Supreme Court declaratory judgment action with res judicata effect in no-fault insurance dispute (150 chars)
Read More →
A declaration of non-coverage is res judicata to the specific date of the accident.
Court rules declaratory judgment on no-fault coverage is res judicata only for specific accident dates listed, not all claims by the same parties.
Read More →
Declaratory judgment may not be impugned – even if granted on default
Court ruling demonstrates that declaratory judgments granted on default may still be enforceable, even when the underlying basis for non-coverage isn't disclosed in the opinion.
Read More →
My thoughts on the DJ action in no-fault jurisprudence
Analysis of AutoOne v Valentine case examining declaratory judgment actions in New York no-fault insurance law, res judicata effects, and SUM benefits claims.
Read More →