No-Fault Practice Notes
General no-fault case notes that do not belong to a narrower topic, including lost-wage and first-party benefit disputes.
252 articles from 2008–2026 · 7 current · 22 reviewed case notes · by Jason Tenenbaum
Current articles
Articles the firm treats as current: published since 2024, or older and re-checked against today's law. Most recently published or reviewed first.
- 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.
- Priority of Payment Regulation Has No Force in Arbitration: First and Second Departments Agree Feb 25, 2026
Both the First and Second Departments have held that the priority of payment regulation under 11 NYCRR 65-3.15 is of no force or effect in no-fault.
- 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.
- 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.
- NY No-Fault: The Verification Paradigm Apr 29, 2024
Learn about NY no-fault insurance: claim filing steps, verification process, and recent case law affecting insurance carriers' verification rights.
How the firm handles these matters
Reviewed case notes by year
Notes on decisions from earlier years that the firm has re-read against current law. Each note states when it was last reviewed and what has changed since.
2022
2021
2020
2015
Older archive
Case notes as they were written at the time. They have not been re-checked against later decisions, so treat them as history and confirm the current rule before relying on one.
2023 (11)
- Policy Exhaustion in New York No-Fault Insurance: What You Need to Know
- Understanding Legal Defenses in New York No-Fault Insurance Cases
- Declaratory Judgment Actions and motions to sever
- EUO no show – plain and to the point
- Intentional Acts; Summary Judgment
- The personal vehicle v. the loaner vehicle: who pays?
- Another priority of payment?
- More Objective standards?
- Another Material misrepresentation
- Again, it is 2% per month on the judgment
- The excuse to complying with the 45-day rule in “inaction”
2022 (36)
- Self imposed ROM limitation
- What is personal knowledge?
- The CPLR 3212(g) paradigm
- Statute of Limitations: 6 years when denial is received
- Reasonable Justification for late submission
- It is personal knowledge again
- The Declaratory Judgment Order v. The Civil Court Judgment: First in Time, First in Right
- When interest clearly does not matter
- 80% of the billed amount can be
- Fee Schedule vs. Reasonable and Customary Charges: Avenues of Reimbursement in No-Fault Insurance
- Record Keeping Violations Don't Override Medical Necessity in New York No-Fault Claims
- Competing Assignees?
- Fla pre-suit requirement is more demanding than thought
- Fla 35-day timely submission
- Can an insurance carrier sue for “overpaid” PIP attorneys fees?
- Insurance Law 5106(c) Trial De Novo: How the No-Fault Appeal of Last Resort Really Works
- The if I was there EUO dance
- Acupuncture Fee Schedule in No-Fault: Payment at the Chiropractor Rate Upheld
- Insufficient excuse
- Mutual Rescheduling of EUOs and Disclaimer Timeliness in New York No-Fault Cases
- Danger of Rescheduling an EUO After the Second No-Show: How Insurers Forfeit a Timely Denial
- Post EUO demands
- Certified Transcripts and Proving an EUO No-Show in NY No-Fault Litigation
- NF2 v. NF3 v. no attempt to find the Assignor
- EUO’s and bust statements
- The one orthopedist rule
- Untimely 4404(a) motion
- Not denying in 30-days proves fatal
- Conditional order of preclusion absolves a willfulness inquiry
- Sufficient for a default
- Interest.
- Staged accident fraud
- A good third party vendor can prove mailing
- Pa notice rule
- CPLR 3215(c) and 5015(a)
- CPLR 3212(a) Timeliness: A Summary Judgment Motion Is Made When Served, Not When Filed
2021 (46)
- When is the location of the EUO reasonable?
- Missing EUO Transcript Sinks No-Fault Summary Judgment: Forest Hills v Lancer
- Licensure
- When an insured becomes a self insured when it sees fit
- Unitrin and Lincoln General again
- The New York experience at the Appellate Courts from a PIP perspective: My end of year observations.
- $29 million
- Proving an IME No-Show: Personal Knowledge vs. Business Records in New York No-Fault Cases
- Agency for subrogation purposes
- It is not a doc in the box
- Unitrin celebrated its 10th birthday this year
- Interst-ing
- Proposal for Settlement: Florida's Rule 1.442 Fee-Shifting in PIP Cases and New York's CPLR 3220
- Evidence: The MRI report
- MPPR reductions
- Time period
- A resubmission does not restart the pay or deny clock
- 80% of 200% of Medicare Part B
- Reasonableness of Charges: A Florida PIP Decision With Lessons for New York Lien-Based Medical Cases
- Reasonable excuse/ default
- Is a PIP IME hearsay?
- Appellate Term fiction
- Use the Israel form databank when in doubt
- Lost wages and first party: to arbitrate or to litigate
- A Civil procedure lesson in the form of a no-fault case – post judgment rate of interest is 2%
- EUO – condition precedent in Fla
- Respond at your own peril
- Preclusion
- Would you have appealed as a Plaintiff?
- Manual muscle testing from the 4th DCA
- Not at 200% in Florida- what happens?
- “Equitable estoppel” – Domotor light
- Bad faith averted for another year
- Court of Appeals Judges From Prosecutor Backgrounds: What a Criminal-Law Bench Means for Civil Litigants
- The Cuomo Toll
- 205 toll
- NJ Transit is estopped from relying on Hyatt
- Another Mailing Again
- New judges at the Appellate Division
- The NF-2 does not matter
- Why sir, that is illogical!
- The Unreasonable EUO
- Florida No-Fault May Be Dead: PIP Repeal Bill Passes Both Houses
- Failure to Pay the PIP Statutory Penalty Does Not Allow Attorney's Fees (Fla. 4th DCA)
- $5000 (Ins Law 5106[c]) cannot be manipulated
- Pre and post claim EUO
2020 (12)
- Discussion on defaults/appearances
- Out of scope – the inquiry tightens
- A very interesting 5102(d) case
- Opening Courts with an e-filing system in place? Nope.
- COVID-19 and the New York Court System: A Case for Modernization
- Why are beaches still open?
- New York Courts and the COVID-19 Pandemic: A No-Fault Lawyer's March 2020 View
- A true test of what kind of employer you are
- The Cornona Virus
- Reasonable excuse relaxed
- Another Statute of limitations
- The Neptune rule
2019 (11)
- Understanding CPLR 3212(a): Critical Timing Rules for Summary Judgment Motions in New York
- Understanding Public Health Law Bad Faith Claims in New York: Your Right to Sue Insurance Companies
- Understanding Trial Bifurcation in New York Personal Injury Cases: Liability vs. Damages
- Jurisdiction defenses need to specific
- Another hiccup to the briefing schedule rule
- So what happened in Carothers?
- Lost Wages Claims in New York: Avoiding Job Abandonment Pitfalls
- Loss of Earnings
- Happy Mother’s Day
- Causation: not enough to state pre-existing
- Expert Witness Testimony Requirements in NY Personal Injury Cases
2018 (7)
- Understanding Vehicle “Occupying” Coverage Under NY No-Fault Law
- First Department applying a stringent default vacatur standard
- Serious injury: PL 10.00(10) v. Ins Law 5102(d)
- The marathon runner
- EUO/EBT/ Now I know how much Mr. Moshe makes!
- Texting your friend who kills someone: Are you liable?
- Establishment of lost wages
2017 (14)
- Fee schedule defense: Court separates 97811, 97813, 97814 from remainder of case
- Lost wage case reinstated
- TRUMP!
- Did his veteran status influence this decision?
- Lost Wages Not Proven Within a Reasonable Degree of Certainty: Freligh v GEICO and the Unemployed Claimant Problem
- Arrest warrant not issued
- The plight of Chimps
- Party does not have a basis to use CPLR 321(c) as a sword against now unrepresented party
- DMV license suspensions upheld – Deference
- MVAIC issues
- 45-day rule denial not sustianed
- A day at the beach.
- Corporate Representative's Right to Remain in Courtroom During NY Trial
- The wrong way to evict a tenant
2016 (5)
- Mallela Limitation Case Will Not Reach the Court of Appeals: Leave Denied
- Former Judge Michael Ciaffa Has Been Located: From the District Court Bench to Private Practice
- The "Pike Maneuver": Unreliable Witness Testimony at a New York Injury Trial
- Negligent hand shaking is not actionable
- Reasonable Excuse and Law Office Failure in New York Practice
2015 (13)
- Corporate v. individual
- Non-Receipt Substantiated: Rebutting the Presumption of Receipt in No-Fault Claim Litigation
- Judge Judy's Son Threw a Tantroom: Levy v Smith and Feuding Public Officials
- Another Alrof citing
- Taking a stab at our respected jurist from Staten Island
- Complaint stricken on discovery violation – wait until the shoe is on the other foot
- No right to appeal.
- The missing witness charge
- Venue Motion Under CPLR 511: Where It Must Be Brought in New York
- Cost of doctor for aborted trial not reimbursable
- Third-Party Mailing Vendors and Proof of Mailing No-Fault Denials in New York
- Jason Tenenbaum's No-Fault Law Blog Gets a New Home: Welcome to the Firm's Site
- Illogical
2014 (4)
2013 (9)
- What is a prima facie case? I still am unsure
- Maybe we have come along way and maybe we have not?
- From the Department of Financial Services today
- Without the data, the affidavit was conclusory
- Summary judgment granted as to negligence yet “sole proximate cause” and comparative negligence left as open questions
- It is MVAIC again
- Skyped EBT
- The teeth were taken out of CPLR 3408
- Hearsay – It really is not
2012 (15)
- I wonder which plaintiff no-fault firm wrote this and had this State Senator introduce it…
- Form and procedure – not part of a prima facie case in a cancellation case
- 49.5 hours of interrogation – Fourth Department deems this acceptable
- Causation speculative
- Funny joke – but not sufficient for recusal
- Court enforces summary judgment upon failure to make a prompt application to the comp. board
- Knowledge is quite a broad term
- Major medical carrier taken to the mat for unscrupulous conduct
- Another no-fault physician commits insurance fraud
- Would you go to this psychologist?
- Some evidentiary issues –
- Understanding Appellate Jurisdiction: When Court Orders Can and Cannot Be Appealed in New York
- Credit Card Debt Collection Defense: Understanding Your Rights in Long Island and NYC
- Wrong on the law
- Due Process Violations in NYC Justice Courts: Know Your Constitutional Rights
2011 (16)
- Case remanded to Civil Court to determine whether interest was tolled
- So you told your client to go bankrupt
- CPLR 5520 in action
- Is this our Judge Cooper from Nassau?
- Another formulation of a prima facie case
- Nassau District Court No-Fault Practice: A Model Worth Copying
- IME no-show Florida style
- What is a non-negligent explanation when you rear-end somebody?
- Response to Sun's comment last week
- My day in court: by me
- Baker Sanders litigation takes an unexpected turn – and it is completely unrelated to PIP…
- Being an exotic dance is not a prior bad act for impeachment purposes
- BUMP – Now whoever said no-fault lawyers are not versatile…
- Ime no-show – the best defense in town
- New York No-Fault Interest Regulations: Compound vs Simple Interest Analysis
- Passenger Liability in Motor Vehicle Accidents: The Limits of Assumed Duty
2010 (13)
- An exercise in absurdity
- An interesting article from David Barshay in today’s law journal – an interesting read
- 45-day rule involving MVAIC and CPLR 3212(f)
- Is the Fee Schedule Really a Defense in New York No-Fault Cases?
- Is the Appellate Term Really "Defendant Friendly"? Reflections on Losing No-Fault Appeals
- Liberty Mutual’s $10,000 Mistake: How Poor Legal Preparation Cost an Insurance Giant
- And this will land you in Court
- Collateral Estoppel Limitations in New York Personal Injury and No-Fault Cases: When Prior Rulings Don’t Apply
- Debt Assignment Disasters: When Sewer Service and Court Disrespect Lead to Legal Catastrophe
- A derivative of CPLR 3404 appears again in the Civil Court
- Emergency Doctrine – A normally stoic appellate division appears to be letteing loose (a bit)
- Reasonable excuse satisfied despite claim of lack of personal jurisdiction
- Untimely Summary Judgment Motions: Nearly Identical Grounds Rule – Long Island & NYC
2009 (9)
- When Road Rage Turns Deadly: Understanding Vehicular Violence in New York
- Hungry, Hungry HIPAA: Navigating Privacy Requirements in New York No-Fault Practice
- Understanding Account Stated Claims and Medical Billing in New York No-Fault Cases
- Welcome to Tenenbaum Law: Your Personal Injury Attorney for NYC and Long Island
- Many thanks
- Insurance Company Rehabilitation: Understanding Complex Legal Transitions in New York
- Insurance Subrogation and Property Damage Claims: A Comprehensive Guide for New York
- Forget the insurance carriers. How about the banks?
- MRI Quality Issues in Personal Injury Claims | Long Island Lawyer | Jason Tenenbaum