No-Fault Insurance Law

Topics

• IME No-Shows When an insured fails to appear for an Independent Medical Examination, insurers may deny benefits. 110 articles · 2 current · 55 reviewed
• Examinations Under Oath (EUO) Insurers may require claimants and medical providers to submit to an Examination Under Oath. New York courts have established detailed rules about scheduling, timeliness, and the consequences of non-appearance. In GC Chiropractic, P.C. v State Farm (App Term, 2d Dept, December 5, 2025) an attorney's affirmation signed about three years after the no-shows was held not unworthy of belief on its face. 161 articles · 1 current · 3 reviewed
• Fee Schedule Defenses Fee-schedule proof, coding disputes and the post-2013 excessive-fee rules. A preserved defense still needs evidence; the archive separates older rate decisions from later developments. 104 articles · 1 current · 48 reviewed
• Verification Requests Verification requests, response evidence and denial timing. Chapa (2026) rejected a mandatory 150-day denial deadline; it did not make unanswered claims automatically withdrawn. The hub links 83 historical notes. 87 articles · 1 current · 67 reviewed
• Medical Necessity & Peer Review Medical-necessity disputes turn on the reports, the opposing evidence and denial timing. This archive separates summary-judgment rulings, IME cutoffs and trial testimony, with a 2026 confirming decision. 106 articles · 1 current · 65 reviewed
• Priority of Payment & Policy Exhaustion Case notes on the priority of payment regulation (11 NYCRR 65-3.15), which sets the order in which no-fault claims are paid as the coverage limit is reached, and on policy exhaustion as a defense. The start-here article traces the rule from the 2002 regulation through the Harmonic and Alleviation lines to Lam Quan (2024) and Fill Rx (2025), which confirmed exhaustion awards without addressing the regulation. 8 articles · 0 current · 0 reviewed
• Mailing & Proof of Mailing Proof of proper mailing of denial letters, EUO notices, and IME scheduling letters is critical. Courts scrutinize affidavits of mailing and office mailing procedures with increasing rigor. 47 articles · 0 current · 1 reviewed
• Fraudulent Procurement Procurement misrepresentation requires claim-specific denial timing and proof of materiality. The archive separates those defenses from retroactive rescission and out-of-state policy disputes. 14 articles · 5 current · 5 reviewed
• Coverage, Staged Accidents & Choice of Law Case notes on whether a loss is covered at all: staged and intentional collisions, use and operation of the vehicle, who counts as an eligible injured person, and which state's law governs the policy. 169 articles · 1 current · 3 reviewed
• Mallela & Fraudulent Incorporation Case notes on the Mallela defense: provider licensing and ownership, fraudulent incorporation, and the discovery fights that come with it. 24 articles · 0 current · 0 reviewed
• Timely Claims, Bills & Denials Case notes on the claim calendar: notice of claim, the time to submit bills, the denial of claim form, and which defenses the form must preserve. 42 articles · 1 current · 0 reviewed
• No-Fault Arbitration & Article 75 Case notes on no-fault arbitration, master arbitration, and court review of awards under CPLR article 75. 57 articles · 1 current · 2 reviewed
• Declaratory Judgment Actions Case notes on insurer declaratory judgment actions: defaults, preclusive effect on later provider suits, and the proof each side must bring. 66 articles · 0 current · 1 reviewed
• Standing & Assignment of Benefits Case notes on who may sue for first-party benefits: assignments, revocations, and provider standing. 24 articles · 0 current · 0 reviewed
• Attorney's Fees & Interest Case notes on statutory interest and attorney's fees on overdue no-fault claims, in arbitration and in court. 29 articles · 0 current · 0 reviewed
• Insurer Bad Faith Case notes on bad faith and extra-contractual claims against insurers under New York law. 16 articles · 1 current · 2 reviewed

Everything else: No-Fault Practice Notes (251 articles).

Newest articles

• EUO No-Show Proof in New York No-Fault: The Attorney Affirmation, the Time-Lapse Argument and GC Chiropractic v State Farm (2025) Feb 25, 2026

  GC Chiropractic v State Farm (App Term, 2d Dept 2025): an EUO no-show affirmation signed about three years later was not unworthy of belief. Rule and history.

• The 120-Day Verification Rule in New York No-Fault: Chapa v MVAIC and How the Rule Developed Feb 25, 2026

  Chapa v MVAIC (2d Dept 2026): 11 NYCRR 65-3.8(b)(3) permits a denial after 120 days and sets no 150-day limit. How the rule developed, decision by decision.

• Priority of Payment and Policy Exhaustion in New York No-Fault: How 11 NYCRR 65-3.15 Has Been Applied, 2002 to 2025 Feb 25, 2026

  What 11 NYCRR 65-3.15 requires, how the Appellate Terms split on a claim denied before the policy ran out, and what Lam Quan (2024) and Fill Rx (2025) decided.

• How Insurance Companies Use Colossus Software to Undervalue Your Injury Claim Feb 18, 2026

  Insurance companies use Colossus software to lowball your injury claim. Learn how this system works and how a Long Island attorney can fight back.

• NY No-Fault: Are You Leaving Money on the Table After a Car Crash? Sep 23, 2025

  Don't leave money on the table after your NY car crash. Understand no-fault benefits and when you can sue. Call 516-750-0595 for help.

• No-Fault Billing: How to Dodge Deadline Disasters Jul 15, 2025

  Master no-fault billing deadlines with expert strategies to avoid claim denials, compliance issues, and costly delays in New York insurance cases.

• De Novo Meaning: Definition, De Novo Review & Trial De Novo May 2, 2025

  De novo definition: Latin for "from the new" — a court or arbitrator decides the matter again, from scratch.

• Is Your NY Insurer Acting in Bad Faith? Feb 25, 2025

  Learn how insurers commit bad faith under NY's No-Fault Law and how to fight denied claims with legal strategies.

• Forced Arbitration: Challenges in Discrimination Claims Feb 11, 2025

  Explores forced arbitration in discrimination claims, examining laws with the 2021 EFAA, impacting employee rights and employer policies.

• Overturning No-Fault Denials: Your Guide to Winning Your Claim Dec 31, 2024

  Learn how to fight no-fault insurance claim denials in NY. Get expert tips on appeals, arbitration & securing the benefits you deserve.