The existence of a workers compensation award is lack of coverage
Active Care Med. Supply Corp. v Hartford Ins. Co., 2018 NY Slip Op 51591(U)(App. Term 2d Dept. 2018) “Contrary to plaintiff’s contention, a lack of coverage defense
Active Care Med. Supply Corp. v Hartford Ins. Co., 2018 NY Slip Op 51591(U)(App. Term 2d Dept. 2018) “Contrary to plaintiff’s contention, a lack of coverage defense
Chiropractic Testing Servs. of N.Y., P.C. v American Tr. Ins. Co., 2018 NY Slip Op 28052 (Civ. Ct. Richmond Co. 2018) “This case is distinguishable from Global Liberty,
AEE Med. Diagnostic, P.C. v Travelers Prop. Cas. Co. of Am., 2017 NY Slip Op 51209(U)(App. Term 1st Dept. 2017) “Defendant’s submissions in support of its motion
Compas Med., P.C. v American Tr. Ins. Co., 2017 NY Slip Op 51192(U)(App. Term 2d Dept. 2017) “Contrary to plaintiff’s argument on appeal, defendant proffered sufficient evidence
Flatbush Chiropractic, P.C. v American Tr. Ins. Co., 2017 NY Slip Op 50105(U)(App. Term 2d Dept. 2017) “A motion for leave to renew “shall be based upon
Ultimate Health Prods., Inc. v Hereford Ins. Co., 2016 NY Slip Op 50367(U)(App. Term 2d Dept. 2016) “Contrary to plaintiff’s contention, a lack of coverage defense may
Compas Med., P.C. v American Tr. Ins. Co., 2015 NY Slip Op 51675(U)(App. Term 2d Dept. 2015) “Indeed, the application for no-fault benefits form, which was signed
Great Health Care Chiropractic, P.C. v Lancer Ins. Co., 2014 NY Slip Op 50340(U) All that is required is: “[a] triable issue as to whether plaintiff’s assignor
Central Radiology Servs., P.C. v First Am. Ins., 2013 NY Slip Op 51031(U)(App. Term 2d Dept. 2013) [There was some discussion regarding procedural issues. All I
Parkway Pain Mgt., PLLC v American Tr. Ins. Co., 2013 NY Slip Op 50521(U)(App. Term 2d Dept. 2013) “We find that defendant’s proof, including the police accident
B.Y., M.D., P.C. v Global Liberty Ins. Co. of N.Y., 2012 NY Slip Op 50156(U)(App. Term 2d Dept. 2012) This would normally win the Mr. Five
A.B. Med. Servs., PLLC v American Tr. Ins. Co., 2012 NY Slip Op 50076(U)(App. Term 2d Dept. 2012) This case in many ways represents the shuffelling
Devonshire Surgical Facility, L.L.C. v Hereford Ins. Co., 2010 NY Slip Op 52297(U)(2d Dept. 2010) “Therefore, resolution of the factual question presented on this record “is
B.Y., M.D., P.C. v American Tr. Ins. Co., 2010 NY Slip Op 51902(U)(App. Term 2d Dept. 2010) “[d]efendant’s cross motion [is] remitted to the District Court
AR Med. Rehabilitation, P.C. v American Tr. Ins. Co., 2010 NY Slip Op 50708(U)(App. Term 2d Dept. 2010) “…reversed without costs, the provision denying without prejudice
The issue of what must be demonstrated in order to divest a court of subject matter jurisdiction when there is a workers compensation issue present has
In New York First Acupuncture, P.C. v. State Farm Mut. Auto Ins. Co., 2009 NY Slip Op 52217(u), the Appellate Term in the context of an
One of the most intriguing things about this area of law is that in a matter of 6 months, the same court can make pronouncements that
I would be remiss if I did not thank Dave Barshay for the citation to this blog in his article. I also must thank David Gottlieb
In reading the Westchester Med. Ctr. v Lincoln Gen. Ins. Co., 2009 NY Slip Op 02589 (2d Dept. 2009) case that involved the validity of a