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Declaration of non-coverage granted
American Transit Ins. Co. v. Lawal, Index #: 152405/12 (Sup. Ct. NY Co. 2013) American Transit Ins. Co. v. Devine, Index #: 150505/12 (Sup. Ct. NY
Deposition of own party allowed into evidence
Arad v Hanza, LLC, 2013 NY Slip Op 05786 (2d Dept. 2013) I would put this in the category of short but potent procedural cases: “Contrary to
Skyped EBT
Yu Hui Chen v Chen Li Zhi, 2013 NY Slip Op 05815 (2d Dept. 2013) “On a prior appeal, this Court permitted the plaintiff’s deposition to be
Payment after being told that carrier would not challenge additional verification response non-suits plaintff
Methodist Hospital v. American Transit Ins. Co., Index # 1631/13 (Sup. Ct. Nassau Co 2013) Well, the hospital made $36,000. However, the hospital (or its collections
Court takes judicial notice of Supreme Court declaratory judgment action
Eagle Surgical Supply, Inc. v AIG Indem. Ins. Co., 2013 NY Slip Op 51441(U)(App. Term 2d Dept. 2013) “the parties entered into a so-ordered stipulation, dated
Discovery disallowed when EUO requests are not responded to by deponent
Canarsie Chiropractic, P.C. v State Farm Mut. Auto. Ins. Co., 2013 NY Slip Op 51457(U)(App. Term 2d Dept. 2013) “Plaintiff argues that defendant failed to prove
Documentation shows wrong insurance carrier was sued
Great Health Care Chiropractic, P.C. v Omni Indem. Co., 2013 NY Slip Op 51450(U)(App. Term 2d Dept. 2013) “In support of its motion, defendant submitted affidavits
A declaration of non-coverage is res judicata to the specific date of the accident.
Eagle Surgical Supply, Inc. v AIG Ins. Co., 2013 NY Slip Op 51449(U)(App. Term 2d Dept. 2013) “By order dated September 29, 2008, the Civil Court
Court holds that a DJ action is different than an action for overdue no-fault bills – denies 3211(a)(4) cross-motion
American Transit Ins. Co. v. McPhee, Index #: 307800/11 (Thompson, J.) CPLR 3211(a)(4) cross-motion denied “This is an action for a declaratory judgment stating that the
Medical provider cannot defeat IME non-cooperation defense through stating “discovery is outstanding”
South Nassau Community Hosp. v Kemper Independence Ins. Co., 2013 NY Slip Op 51384(U)(App. Term 2d Dept. 2013) In support of its motion for summary judgment, defendant
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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
