Declaratory judgment reversed on appeal
July 21, 2015 No Comments
Liberty Mut. Ins. Co. v Five Boro Med. Equip., Inc., 2015 NY Slip Op 05891 (1st Dept 2015) “The IAS court denied plaintiffs’ motion for a
Liberty Mut. Ins. Co. v Five Boro Med. Equip., Inc., 2015 NY Slip Op 05891 (1st Dept 2015) “The IAS court denied plaintiffs’ motion for a
Harmonic Physical Therapy v Encompass Home & Auto Ins. Co., 2015 NY Slip Op 50733(U)(App. Term 1st Dept. 2015) “Contrary to the motion court’s conclusion, defendant submitted
(1) “Here, defendant alleges that plaintiff’s assignor was scheduled to appear for an EUO on four different dates, that he did not appear at all, and
Longevity Med. Supply, Inc. v Praetorian Ins. Co., 2015 NY Slip Op 50685(U)(App. Term 2d Dept. 2015) “An appearance at an EUO “is a condition precedent to
(1) “Defendant alleges that it received the claims underlying the first and eighth causes of action on April 5, 2010 and that it denied those claims
VE Med. Care, P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 50603(U)(App. Term 2d Dept. 2015) “Defendant’s motion should have been denied, as
EMC Health Prods., Inc. v Travelers Ins. Co., 2015 NY Slip Op 50475(U)(App. Term 2d Dept. 2015) Another Alrof sighting… “Consequently, plaintiff’s motion for summary judgment
O & M Med., P.C. v Travelers Indem. Co., 2015 NY Slip Op 50476(U)(App. Term 2d Dept. 2015) “Pursuant to the No-Fault Regulations, “any additional verification
Metro Psychological Servs., P.C. v 21st Century N. Am. Ins. Co., 2015 NY Slip Op 50470(U)(App. Term 2d Dept. 2015) Again, the Court states that the
21st Century Acupuncture, P.C. v Allstate Ins. Co., 2015 NY Slip Op 50445(U)(App. Term 1st Dept. 2015) When does Taylor not get reversed on application of Unitrin?
Longevity Med. Supply, Inc. v Praetorian Ins. Co., 2015 NY Slip Op 50393(U)(App. Term 2d Dept. 2015) This was an interesting case. Here, the Appellate Term explicitly
Avicenna Med. Arts, PLLC v Unitrin Advantage Ins. Co., “However, as the Civil Court found, the papers submitted in support of defendant’s cross motion demonstrated that
Quality Psychological Servs., P.C. v Avis Rent-A-Car Sys., LLC, 2015 NY Slip Op 50378(U)(App. Term 2d Dept. 2015) “Here, plaintiff has not alleged that it did not
T & J Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 50406(U)(App. Term 2d Dept. 2015) “Furthermore, since plaintiff does not claim
Stracar Med. Servs., P.C. v State Farm Mut. Auto. Ins. Co., 2015 NY Slip Op 25079 (App. Term 2d Dept. 2015) “Plaintiff’s main argument on appeal is
Power Supply, Inc. v Praetorian Ins. Co., 2015 NY Slip Op 50218(U)(App. Term 2d Dept. 2015) “Defendant demonstrated that it had timely mailed initial EUO and
Hertz Corp. v Active Care Med. Supply Corp., 2015 NY Slip Op 00212 (1st Dept. 2015) “In this action seeking a declaration that Hertz is not required
Optimal Well-Being Chiropractic, P.c. v Ameriprise Auto & Home Ins., 2014 NY Slip Op 51858(U)(App. Term 2d Dept. 2014) “Defendant opposed plaintiff’s motion and sought summary judgment
Allstate Ins. Co. v Pierre, 2014 NY Slip Op 08921 (1st Dept. 2014) “Plaintiff established that defendants are not entitled to no-fault benefits because their assignors failed
True-Align Chiropractic Care, P.C. v Country Wide Ins. Co., 2014 NY Slip Op 51821(U)(App. Term 2d Dept. 2014) “Finally, contrary to plaintiff’s argument with respect to the
