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Another IME no-show victory shrowded in American Transit citations
Healthy Way Acupuncture, P.C. v Allstate Ins. Co., 2014 NY Slip Op 50841(U)(App. Term 1st Dept. 2014) “The defendant-insurer made a prima facie showing of entitlement
A triable issue of fact
New York Univ. Hospital-Tisch Inst. v Government Employees Ins. Co., 2014 NY Slip Op 03812 (2d Dept. 2014) “Here, the evidence submitted by the defendant demonstrated
Master Arbitrator Dachs discusses IDS v. Stracar
Putting aside certain disdain towards the Second Department punting the “absolute coverage” component of Unitrin and ATIC v. Lucas, the IDS case said that when carrier
Follow the NF-5
Mount Sinai Hosp. v Dust Tr., Inc., 2014 NY Slip Op 03667 (2d Dept. 2014) “contrary to the defendant’s contention, this action is not premature, and
Motion to strike “3212(g) findings” denied
EMC Health Prods., Inc. v Geico Ins. Co., 2014 NY Slip Op 50786(U)(App. Term 2d Dept. 2014) “On appeal, defendant fails to articulate a sufficient basis
Speak your mind in the wrong forum? It will cost you. Fail to supervise your employees? A price will be paid.
Promed Durable Equip., Inc. As Assignee of Shavonne Flinch v Geico Ins., 2014 NY Slip Op 72449(U)(App. Term 2d Dept. 2014) You can read this. From the
Collateral estoppel again
Clark v Farmers New Century Ins. Co., 2014 NY Slip Op 03311 (3d Dept 2014) The equitable doctrine of collateral estoppel precludes a party from relitigating
Medical provider cannot demand that fraud and RICO matter be heard in arbitration
Allstate Ins. Co. v. Mun, — F.3d —-, 2014 WL 1776007 (2d Cir. 2014) Allstate Insurance Company seeks recovery of payments to Dr. David Mun and Nara
EUO no-show DJ is successful (for the most part)
IDS Prop. Cas. Ins. Co. v Stracar Med. Servs., P.C., 2014 NY Slip Op 02902 (2d Dept. 2014) It is well established that the failure to
Trial De Novo reqires each award to be equal to or greater than $5000
Imperium Ins. Co. v Innovative Chiropractic Servs., P.C, 2014 NY Slip Op 50697(U)(App. Term 1st Dept. 2014) The plaintiff insurer commenced the underlying actions, consolidated below,
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The failure to attend IMEs is now considered a Chubb coverage defense
Unitrin Advantage Ins. Co. v Bayshore Physical Therapy, PLLC, 2011 NY Slip Op 01948 (1st Dept. 2011) I would consider this matter the most precedential
Only in no-fault can a Civil Court JHO "reverse" the holdings of the Appellate Divisions and the Court of Appeals
You can find this case from the January 24, 2010 law journal, reproduced on David Barshay’s No-Fault Paradise. That said, I have three points I
The first pure Unitrin Appellate Term holding
Harmonic Physical Therapy, P.C. v Praetorian Ins. Co., 2011 NY Slip Op 51597(U)(App. Term 1st Dept. 2011) “In this action to recover assigned first-party no-fault
