Blog

Category: No-Fault

Categories

Categories

80% of 200% of Medicare Part B

GEICO GENERAL INSURANCE COMPANY vs HALLANDALE BEACH ORTHOPEDICS, INC. A/A/O FRITZNIE JARBATH, 4D21-206 (Fla 4th DCA 2021) If a fee schedule says that you are only

Read More »

Reasonable excuse/ default

Cautious Care Med., P.C. v 21st Century Ins. Co., 2021 NY Slip Op 50785(U)(App. Term 2d Dept. 2021) “In support of its motion, defendant submitted an

Read More »

Is a PIP IME hearsay?

I specifically remember that Mr. Barhshay and myself battled this issue in a different time in all of our lives. Primary Psychiatric Health, P.C. v. State

Read More »

Appellate Term fiction

Colin Clarke, M.D., P.C. v MVAIC, 2021 NY Slip Op 50729(U)(App. Term 2d Dept 2021) (1) “The complaint alleges that the claims arose out of six

Read More »

EUO – condition precedent in Fla

MIRACLE HEALTH SERVICES, INC., A/A/O KIRENIA TAMAYO, vs PROGRESSIVE SELECT INSURANCE COMPANY, No. 3D21-14 I really find the analysis here telling and quite biting. (1) “Miracle

Read More »

Respond at your own peril

Matter of Philadelphia Ins. Indem. Co. v Kendall, 2021 NY Slip Op 04284 (1st Dept, 2021), It is always an interesting issue that is presented: Will

Read More »

Preclusion

While the insurance carriers do not generally have bad faith in New York and the statutory attorneys fees are anemic, the rule on preclusion in the

Read More »

Verification – MRI

Lenox Hill Radiology & MIA, P.C. v Hereford Ins. Co., 2021 NY Slip Op 21157 (Civ. Ct. NY Co. 2021) “Although plaintiff submitted decisions from no-fault

Read More »