Five Boro Psychological Servs., P.C. v Progressive Northeastern Ins. Co. 2011 NY Slip Op 51528(U) [32 Misc 3d 136(A)] Decided on August 4, 2011 Appellate Term,
One of many thorny issues in PIP litigation involves the defective denial rule. Specifically, when is a denial defective? The test, as it has been understood,
Quality Psychological Servs., P.C. v GEICO Ins. Co., 2010 NY Slip Op 51423(U)(Civ Kings. 2010) Here are the five statements from this case that are important.
Bath Med. Supply, Inc. v Allstate Indem. Co., 2010 NY Slip Op 20059 (App. Term 2d Dept. 2010) First, the Appellate Term, Second Department, appears to
This is not a new concept. If you do not preserve your objection, then you waive the right to challenge the proffered piece of evidence. In
I previously posed on this case. I was trying to figure out what the factual basis was behind the following Appellate Division holding: “Contrary to Allstate’s
St. Barnabus Hosp. v. Allstate Ins. Co., 2009 NY Slip Op 07824 (2d Dept. 2009) “Contrary to Allstate’s contention, however, the Supreme Court properly determined that
We kind of saw it in a previous post involving a Mercury case where a claim representative’s sworn affidavit could explain typographical errors in a resulting
We kind of saw it in a previous post involving a Mercury case where a claim representative’s sworn affidavit could explain typographical errors in a resulting
The recent trend in Appellate Term jurisprudence involving cases with (u) or Misc (a) cites is to take the approach that the Appellate Division, Second Department
At this point in our PIP jurisprudence, it has been taken for granted that a defense of medical necessity extends to the four corners of the
