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Declaratory Judgment Actions and motions to sever
General Ins. v Piquion, 2022 NY Slip Op 07500 (1st Dept. 2023) (1) STANDARD ON MOTION TO DISMISS DJ: “On a motion to dismiss a declaratory
EUO no show – plain and to the point
Quality Health Supply Corp. v Nationwide Ins., 2023 NY Slip Op 02689 (2d Dept. 2023) “Upon receipt of one or more of the prescribed verification forms
Intentional Acts; Summary Judgment
Adirondack Ins. Exch. v Rodriguez, 2023 NY Slip Op 02095 (2d Dept. 2023) (1) STANDARD OF LAW: “An intentionally caused or staged vehicular collision is not
The personal vehicle v. the loaner vehicle: who pays?
Matter of GEICO Gen. Ins. Co. v Wesco Ins. Co., 2022 NY Slip Op 06926 (2d Dept. 2023) “The arbitrator’s interpretation of the rental agreement between
Priority of payment?
Advantage Radiology, P.C. v MVAIC, 2023 NY Slip Op 50139(U)(App. Term 1st Dept. 2023) “Defendant’s submission on its summary judgment motion revealed the existence of triable
Objective standards?
MUA Chiropractic Healthcare, PLLC v Nationwide Mut. Ins. Co., 2022 NY Slip Op 51384(U)(App. Term 2d Dept. 2023) “Plaintiff does not argue that defendant did not
Material misrepresentation
JFL Med. Care, P.C. v Wesco Ins. Co., 2022 NY Slip Op 51376(U)(App. Term 2d Dept. 2022) The defense is subject to preclusion, which always make
Again, it is 2% per month on the judgment
Health Value Med., P.C. v Country Wide Ins., 2022 NY Slip Op 51137(U)(App. Term 2d Dept. 2022) “We note that, contrary to the statement of the
The excuse to complying with the 45-day rule in “inaction”
Good Samaritan Hosp. v MVAIC Ins. Co., 2022 NY Slip Op 51100(U)(App. Term 2d Dept. 2022) (1) “In opposition, plaintiff failed to raise a triable issue
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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