EUO Declaratory Judgment
Court rules on EUO no-show case involving mailing issues, mutual rescheduling disputes, and provider's untimely bill submissions in no-fault insurance litigation.
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42 articles by Jason Tenenbaum, Esq.
The Master Cheng
Court ruling clarifies that Supreme Court cannot vacate Civil Court judgments but can stay enforcement - key jurisdiction limits in NY declaratory actions.
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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.
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New York Declaratory Judgment Actions: Supreme Court vs Civil Court Jurisdiction Issues
Learn about NY declaratory judgment actions and jurisdictional issues between courts. Expert analysis of SS Medical Care case. Call 516-750-0595.
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Understanding Article 75 Proceedings: You Cannot Backdoor Master Awards Through Declaratory Judgment
Learn why you cannot backdoor arbitration awards through declaratory judgment in NY. Expert Article 75 guidance from Long Island attorneys. Call 516-750-0595.
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Understanding New York No-Fault Insurance EUO Requirements: Why DFS Does Not Approve Improper Disclaimers
Learn why DFS does not approve improper EUO disclaimer practices in NY no-fault insurance. Expert legal analysis from experienced Long Island lawyers. Call 516-750-0595.
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Nationwide took an ax to Unitrin
Fourth Department clarifies EUO nonappearance defense as policy exclusion rather than coverage matter in Nationwide v Jamaica Wellness Medical declaratory judgment case.
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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.
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Dilemma and dogma
Court ruling on EUO timing requirements in NY no-fault cases - insurer failed to prove compliance with 15-day deadline for examination under oath notices.
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Mailing to the attorney
Court rules insurance company failed to provide adequate IME notice when letter to insured was sent to wrong address, despite proper notice to attorney.
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For the All on NY fans: you were wrong.
NY Court of Appeals ruling on no-fault insurance IME requirements and declaratory judgment procedures in Hereford v Lida's Medical Supply case analysis.
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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.
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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.
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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.
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DJ went south
Court ruling on Unitrin v All of NY case shows how declaratory judgment for EUO non-compliance failed due to untimely notice requirements under NY no-fault law.
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EUO no-show: Declaratory Judgment substantiated
New York court upholds insurer's declaratory judgment after claimant's EUO no-show, confirming proper notice requirements and compliance with scheduling regulations.
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Failure to cooperate
Court ruling on no-fault insurance coverage denial due to provider's failure to cooperate at examination under oath and unlicensed practice violations.
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The sad man’s DJ
Court dismisses insurance company's fraud-based declaratory judgment action lacking EUO testimony and claims-specific evidence, calling it a "sad man's DJ"
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The poor man’s DJ is no more
Court decision eliminates "poor man's DJ" option for no-fault insurance disputes under $25k, reversing Five Boro case that allowed Civil Court jurisdiction
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Manoo goes up
Appellate Division grants leave to appeal in Mapfre v. Manoo declaratory judgment case, certifying question of law for Court of Appeals review.
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Proof insufficient to comply with 65-3.5(b), 65-3.6(b)
Court rules insufficient proof of proper EUO notice and no-show in Liberty Mutual v K.O. Med case, highlighting critical requirements for no-fault insurance denials.
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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.
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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.
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Unpleaded affirmative defense is sufficient
Court rules unpleaded affirmative defenses of collateral estoppel and res judicata can support summary judgment in no-fault cases without surprise or prejudice.
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Expansion of Mallela
Second Department expands Mallela doctrine in Liberty Mutual v Raia Medical, addressing physician billing rights when practice owner lacks specific certification skills
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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.
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A DJ without a purpose
Court dismisses carrier's declaratory judgment lacking Manhattan nexus when arbitration demands filed, highlighting jurisdictional issues in no-fault cases.
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Trial de novo summary judgment motion appealed
Appellate Division reverses trial court on no-fault insurance denial mailing practices and medical necessity evidence, establishing prima facie case standards.
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DJ victory
Appellate Term ruling demonstrates how declaratory judgment victories can effectively bar subsequent no-fault insurance litigation through res judicata doctrine.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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EUO no show sustained
EUO no show sustained - Court grants summary judgment against medical provider when assignor failed to appear for scheduled Examination Under Oath in NY no-fault case.
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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).
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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.
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Understanding Res Judicata in No-Fault Insurance: When Past Decisions Bar Future Claims
Learn how res judicata doctrine affects no-fault insurance litigation in NY. Expert analysis of declaratory judgments and legal barriers for medical providers.
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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.
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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.
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