The vague and conclusory denial again
Court ruling on no-fault insurance denial defects: minor errors in claim amounts don't invalidate NF-10 denials, peer review reports not required at time of denial.
Read More →Hypo-technical defects
14 articles by Jason Tenenbaum, Esq.
Lawyer who tried to do his job but failed? Fine: $10,000
Court sanctions $10,000 fine against law firm for frivolous conduct in personal injury case, but appellate court reverses finding attorney's defense had merit
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5520 applies to reargument orders that were never appealed
Court applies CPLR 5520 to treat defective appeal as valid when appellant failed to appeal reargument order that superseded original order.
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When Insurance Defense Goes Wrong: Progressive’s Procedural Failures in Peer Review
Progressive's peer review defense fails due to improper affidavit procedures in NY no-fault case, showing how procedural errors can defeat strong defenses.
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The failure to assert why the signature was stamped will not invalidate an affirmation
Court rules that challenging a stamped signature without explaining why it's invalid is insufficient to raise factual issues in no-fault insurance litigation.
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More on defective denials
Learn how defective insurance claim denials can be challenged in New York no-fault cases. Expert legal analysis of technical requirements and healthcare provider rights.
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EBT transcript invalid because it was not mailed to plaintiff (CPLR 3117)
Court rules EBT transcript inadmissible when not mailed to plaintiff per CPLR 3117, but Second Department decision conflicts with prior precedent on party depositions.
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It is back: A framed issue hearing for "faxed, copied, stamped or electronically signed" documents
NY appellate court orders framed issue hearing to resolve document signature validity dispute, highlighting ongoing judicial inconsistency in electronic signature cases.
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A conclusory statement is insufficient to raise an issue of fact that a signature was "faxed" or "electronic"
Court rules conclusory statements insufficient to challenge faxed or electronic signatures in no-fault insurance cases without proper evidence of forgery.
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Those promised framed issue hearings on "stamped signature" cases were quite short lived
Court withdraws opinion on framed issue hearings for stamped signature disputes in NY no-fault insurance cases, leaving providers with limited recourse options.
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It takes more than a mere allegation that a signature is not holographic in order to invoke the "stamped signature" rule. Also, a form defect can be fixed in reply.
Analysis of signature authenticity requirements and reply procedures in NY insurance litigation. Essential guidance on challenging stamped vs holographic signatures.
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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.
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Single Motion Rule and Statute of Limitations: Long Island & NYC Legal Guide
Learn New York's single motion rule and statute of limitations in Chester Medical Diagnostic case. Essential guidance for Long Island and NYC no-fault insurance litigation.
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A new day for decisions…
Navigate NY no-fault insurance procedural requirements. Long Island attorney Jason Tenenbaum helps with claims, denials. Call 516-750-0595 free consultation.
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