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Premature summary judgment motion
Hillside Open MRI, P.C. v Praetorian Ins. Co., 2014 NY Slip Op 50408(U)(App. Term 2d Dept. 2014) (1) “In this action by a provider to recover assigned
Interesting? Snooze and Lose
Aminov v Country Wide Ins. Co., 2014 NY Slip Op 24066 (App. Term 2d Dept 2014) “First, contrary to plaintiff’s argument on appeal, defendant did prove
Prima Facie post Etienne
Eagle Surgical Supply, Inc. v Allstate Ins. Co., 2014 NY Slip Op 50343(U)(App. Term 2d Dept. 2014) Method (1): The biller and the NF-10 – Plaintiff sufficiently
Material misrepresentation – via Florida law
Universal Health Chiropractic, P.C. v Infinity Prop. & Cas. Co., 2014 NY Slip Op 50350(U)(App. Term 2d Dept. 2014) No preclusion here. “The vehicle involved in the
No jurisdiction
Does anyone know if this is “the general”? I always hear their commercials. Metro Health Prods., Inc. v Access Gen. Ins. Co., 2014 NY Slip Op 50348(U)(App.
A re-submission will not get you anywhere
Westchester Med. Ctr. v A Cent. Ins. Co., 2014 NY Slip Op 50347(U)(App. Term 2d Dept. 2014) “Defendant established, through the affidavit of its no-fault litigation examiner,
Workers Compensation Primacy
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
Fraudulent procurement and preclusuion
Doctrinally, a fraudulent procurement defense should not be bound by the 30-day pay or deny rule. This is so since the Appellate Division in Kaplun specifically
EUO no show not timely
When was the last time the Appellate Division cited Westchester v. Lincoln? This Court seeks citing dinosaurs, which have been extinct for awhile now. Clove Med.
Marked off and cannot be dismissed on motion
Q-B Jewish Med. Rehabilitation, P.C. v Metlife Ins. Co., 2014 NY Slip Op 50354(U)(App. Term 2d Dept. 2014) CPLR 3404 does not apply to Civil Court and
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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
