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Category: Personal knowledge of no show

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Procedural Issues (203)

Coverage (160)

EUO issues (207)

Evidence (137)

Fee Schedule (127)

Medical Necessity (184)

Additional Verification (95)

IME issues (161)

Lynn Carter

December 26, 2017 2 Comments

Brand Med. Supply, Inc. v ELRAC, Inc., 2017 NY Slip Op 51723(U)(App. Term 2d Dept. 2017) This all came about at the famous trial in front of

IME no-show (First Department)

July 22, 2014 No Comments

Sunrise Acupuncture, P.C. v Encompass Auto & Home Ins. Co., 2014 NY Slip Op 51082(U)(App. Term 1st Dept. 2014) “The defendant-insurer made a prima facie showing of

IME no-show upheld based upon DJ case law correction

February 28, 2014 2 Comments

Stracar Med. Servs. v New York Cent. Mut. Ins. Co., 2014 NY Slip Op 50263(U)(App. Term 1st Dept. 2014) (sorry – this was a first department case

IME no show reversal based upon the new 800 pound guerilla: proof of the no show

December 8, 2013 No Comments

Jacoby Chiropractic, P.C. v Redland Ins. Co., 2013 NY Slip Op 51998(U)(App. Term 2d Dept 2013) “The Civil Court (Richard G. Latin, J. ) denied both

Medical provider needs to prove that Assignor was represented by counsel and that counsel failed to receive notification of IME

December 5, 2013 No Comments

American Tr. Ins. Co. v Leon, 2013 NY Slip Op 08124 (1st Dept. 2013) The Law Office of Jason Tenenbaum, P.C., Garden City (Jason Tenenbaum of counsel),

Failure to attend IMEs voids coverage – with citation to Court of Appeals precedent

November 7, 2013 4 Comments

American Transit Ins. Co. v. Lucas, 2013 NY Slip Op 07273 (1st Dept. 2013) American Tr. Ins. Co. v Lucas 2013 NY Slip Op 07273

The IME no-show at trial – the eagle has arisen

August 6, 2013 No Comments

Eagle Surgical Supply, Inc. v GEICO Gen. Ins. Co., 2013 NY Slip Op 51265(U)(App. Term 2d Dept. 2013) “Defendant’s sole witness at trial was the scheduling supervisor

The affidavits were unshakable

August 2, 2013 No Comments

American Transit Ins. Co. v. Casas Sosa, 2013 NY Slip Op 31588(u)(Singh, J)*My Case* Plaintiff moved for leave to enter a default against the non-answering Defendants

IME no-show with statement regarding quantum of proof regrding the “no-show”

July 7, 2013 No Comments

Right Aid Diagnostic Medicine, P.C. v Travelers Ins. Co., 2013 NY Slip Op 51033(U)(App. Term 2d Dept. 2013) One of the most contentious areas involving the

Alrof v. Safeco – its first application

June 11, 2013 No Comments

Optimal Well-Being Chiropractic, P.C. v Hertz Co., 2013 NY Slip Op 50902(U)(App. Term 2d Dept. 2013) “Since defendant did not submit evidence from anyone with personal

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