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Category: No-Fault

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MVAIC issues

No timely notice of claim or leave to file a late notice of  claim SML Acupuncture P.C. v MVAIC, 2017 NY Slip Op 50539(U)(App. Term 1st Dept.

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45-day rule denial not sustianed

Utopia Equip. Inc. v Chubb Indem. Ins. Co., 2017 NY Slip Op 50540(U)(App. Term 1st Dept. 2017) “The affidavit of defendant’s claims adjuster failed to describe defendant’s

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A day at the beach.

Starkman v City of Long Beach, 2017 NY Slip Op 02077 (2d Dept. 2017) This one is scary.  You are sitting at a beach and you get

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Standard for a stay

Tam Med. Supply Corp., As Assignee of Chery Jean v Omni Indem. Co.,  2016 NY Slip Op 94592(U)(App. Term 2d Dept. 2016) “ORDERED that the motion

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Catching up

The blog has been dormant for about 2 months.  As some of you are aware, I suffered tremendous personal issues.  Needless to say, the blog went

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Failure to preserve argument

Island Life Chiropractic, P.C. v Unitrin Auto & Home Ins. Co., 2016 NY Slip Op 51076(U)(App. Term 2d Dept. 2016) “Island Life’s contention on appeal, in essence,

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SUM game changer

Matter of Government Empls. Ins. Co. v Sherlock, 2016 NY Slip Op 04414 (2d Dept. 2016) For those of you who practice in the UM and SUM

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The Pike maneuver

In a recent Personal injury trial,  the defendant stated that plaintiff engaged in a “Pike maneuver” on the S/B Hutchinson at its intersection with the Cross-County Parkway.

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It was NOT mailed

Contemporary Acupuncture, P.C. v Allstate Ins. Co., 2016 NY Slip Op 50464(U)(App. Term 2d Dept. 2016) “Defendant’s motion for summary judgment dismissing the complaint was based on

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