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No Fault Law - a defense attorney's perspectiveA defense attorney's perspective on New York PIP law
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A defense attorney's perspective on New York PIP law
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No Fault Law - a defense attorney's perspective | nofaultdefenseattorneys.blogspot.com Reviews
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A defense attorney's perspective on New York PIP law
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No Fault Law - a defense attorney's perspective: September 2009
http://nofaultdefenseattorneys.blogspot.com/2009_09_01_archive.html
No Fault Law - a defense attorney's perspective. A defense attorney's perspective on New York PIP law. Sunday, September 27, 2009. New location for this Blog. I have relocated this blog to the following URL: http:/ nofault.lisquared.com/. Please let me what you think of the new site. Links to this post. Thursday, September 17, 2009. A default that is more than meets the eyes. While the Appellate Division’s decision tells a different story, a review of the record of appeal in. Demand and perfected its mas...
No Fault Law - a defense attorney's perspective: February 2009
http://nofaultdefenseattorneys.blogspot.com/2009_02_01_archive.html
No Fault Law - a defense attorney's perspective. A defense attorney's perspective on New York PIP law. Wednesday, February 25, 2009. Validity of EUO, Appellate Term, 2d Dept: Take two. The Appellate Term, Second Department seems to be all over the place with the "EUO" cases. The analysis is really needlessly strained and hard to follow. The latest case demonstrates this. Two parts of the opinion are set forth herein. Great Wall Acupuncture, P.C. v New York Cent. Mut. Fire Ins. Co. The regulations require...
No Fault Law - a defense attorney's perspective: The timeliness of follow-up additional verification requests will be argued before the Appellate Division, Second Department
http://nofaultdefenseattorneys.blogspot.com/2009/08/timeliness-of-follow-up-additional_18.html
No Fault Law - a defense attorney's perspective. A defense attorney's perspective on New York PIP law. Tuesday, August 18, 2009. The timeliness of follow-up additional verification requests will be argued before the Appellate Division, Second Department. The issue involving whether a premature follow-up additional verification request may be deemed valid is now before the Appellate Division, Second Department. Subscribe to: Post Comments (Atom). The failure to serve a demand for master arbitral .
No Fault Law - a defense attorney's perspective: March 2009
http://nofaultdefenseattorneys.blogspot.com/2009_03_01_archive.html
No Fault Law - a defense attorney's perspective. A defense attorney's perspective on New York PIP law. Saturday, March 21, 2009. Choice of law - and the deemer statute - it is just the beginning. Careplus Med. Supply, Inc. v Selective Ins. Co. of Am. 2009 NYSlipOp 29109 (App. Term 2d Dept. 2009). Http:/ www.courts.state.ny.us/reporter/3dseries/2009/2009 29109.htm. But, the deemer statute (Ins Law 5107) adds some wrinkles to this paradigm. Otherwise, the deemer statute is without force. Links to this post.
No Fault Law - a defense attorney's perspective: November 2008
http://nofaultdefenseattorneys.blogspot.com/2008_11_01_archive.html
No Fault Law - a defense attorney's perspective. A defense attorney's perspective on New York PIP law. Sunday, November 16, 2008. It has been a real quiet few months in our world of law. Nothing too substantial has come out recently. There have been some procedural cases, which have an effect on all areas of law. Here are some of the cases I have found which have interesting overtones to them:. Stipulation of discontinuance with prejudice = presumption of res judicata. 11 Misc 3d 71). As defendant di...
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It's No-Fault of NY: February 2009
http://nynofaultlaw.blogspot.com/2009_02_01_archive.html
It's No-Fault of NY. New York State No-Fault Insurance Law News, Analysis and Commentary. Wednesday, February 18, 2009. Timeliness of EUO Requests. This morning brings us the Appellate Term, 2d Department's decision in Great Wall Acupuncture, P.C. v. New York Central Mutual Insurance Company. 2009 NYSlipOp 50224(U) (App. Term, 2d Dep't, 2009). However, the Appellate Term found that "defendant failed to timely request the EUO after receiving plaintiff's bills." Id. 35 AD3d 720 (2d Dep't, 2006). An insurer...
It's No-Fault of NY: November 2007
http://nynofaultlaw.blogspot.com/2007_11_01_archive.html
It's No-Fault of NY. New York State No-Fault Insurance Law News, Analysis and Commentary. Tuesday, November 20, 2007. Where a carrier fails to timely request verification of an assignment of benefits, that carrier is precluded from contesting the validity of the assignment. Even when the assignment lacks the signature of the assignor. So sayeth the Court of Appeals today in Hospital for Joint Diseases v. Travelers Prop. Cas. Ins. Co. 2007 NY Slip Op 09067 (Ct. of App., 2007). Damin J. Toell, Esq. S appli...
It's No-Fault of NY: State Farm v. Langan
http://nynofaultlaw.blogspot.com/2009/06/state-farm-v-langan.html
It's No-Fault of NY. New York State No-Fault Insurance Law News, Analysis and Commentary. Thursday, June 25, 2009. State Farm v. Langan. In State Farm Mut. Auto. Ins. Co. v. Langan. 55 AD3d 281 (2d Dep't, 2008). Provides that such a disclaimer would be invalid. The disclaimer would only be appropriate where the insurer can demonstrate that the injured person in question was a party to the intentional conduct. 2009 NYSlipOp 74754 (Ct. of App., 2009). Which dismissed the appeal sua sponte. State Farm v....
It's No-Fault of NY: EUO No-Show by Patient Subject to Preclusion
http://nynofaultlaw.blogspot.com/2009/04/euo-no-show-by-patient-subject-to.html
It's No-Fault of NY. New York State No-Fault Insurance Law News, Analysis and Commentary. Friday, April 03, 2009. EUO No-Show by Patient Subject to Preclusion. I'll have a post regarding the unsurprising result in LMK. Later, but there's a new decision from the Appellate Division, Second Department that requires some attention. The decision in Westchester Med. Ctr. v. Lincoln Gen. Ins. Co. 2009 NY Slip Op 02589 (App. Div., 2d Dep't, 2009). Has just been posted. This holding is nothing groundbreaking.
It's No-Fault of NY: June 2009
http://nynofaultlaw.blogspot.com/2009_06_01_archive.html
It's No-Fault of NY. New York State No-Fault Insurance Law News, Analysis and Commentary. Thursday, June 25, 2009. State Farm v. Langan. In State Farm Mut. Auto. Ins. Co. v. Langan. 55 AD3d 281 (2d Dep't, 2008). Provides that such a disclaimer would be invalid. The disclaimer would only be appropriate where the insurer can demonstrate that the injured person in question was a party to the intentional conduct. 2009 NYSlipOp 74754 (Ct. of App., 2009). Which dismissed the appeal sua sponte. State Farm v....
It's No-Fault of NY: Provider EUOs
http://nynofaultlaw.blogspot.com/2009/07/provider-euos.html
It's No-Fault of NY. New York State No-Fault Insurance Law News, Analysis and Commentary. Thursday, July 23, 2009. David M. Gottlieb, Esq. has previously covered this issue at No-Fault Paradise. But it seems to me that it's worth some additional attention. On June 24, 2009, the NYS Insurance Department issued an opinion letter entitled "Examinations Under Oath of Assignees". The short question/answer summary is as follows:. I'm not sure that there's an easy answer here, but it seems to me that if an insu...
It's No-Fault of NY: Timeliness of EUO Requests
http://nynofaultlaw.blogspot.com/2009/02/timeliness-of-euo-requests.html
It's No-Fault of NY. New York State No-Fault Insurance Law News, Analysis and Commentary. Wednesday, February 18, 2009. Timeliness of EUO Requests. This morning brings us the Appellate Term, 2d Department's decision in Great Wall Acupuncture, P.C. v. New York Central Mutual Insurance Company. 2009 NYSlipOp 50224(U) (App. Term, 2d Dep't, 2009). However, the Appellate Term found that "defendant failed to timely request the EUO after receiving plaintiff's bills." Id. 35 AD3d 720 (2d Dep't, 2006). An insurer...
It's No-Fault of NY: MVAIC & Qualified Persons
http://nynofaultlaw.blogspot.com/2009/03/mvaic-qualified-persons.html
It's No-Fault of NY. New York State No-Fault Insurance Law News, Analysis and Commentary. Tuesday, March 03, 2009. MVAIC and Qualified Persons. Judge Noach Dear's decision in Kipor Medicine P.C. v. MVAIC. 2009 NY Slip Op 29085 (Civ. Ct., Kings Cty., 2009). Was published today on the Slip Opinion site. This was published as a Decision of Interest in the New York Law Journal last week and will be published in the official Miscellaneous Reports. Damin J. Toell, Esq. Thank you for posting! New York Civil Law.
It's No-Fault of NY: September 2007
http://nynofaultlaw.blogspot.com/2007_09_01_archive.html
It's No-Fault of NY. New York State No-Fault Insurance Law News, Analysis and Commentary. Tuesday, September 25, 2007. At the suggestion (almost a threat, really) of David M. Gottleib, Esq. I'm reposting a comment of mine from the previous entry. An anonymous insurance defense attorney asked: "Provider fraud should NEVER be waived. When did fraud stop being fraud? The better question is actually: when did fraud start being fraud? Answer: when catchphrases got the better of good lawyering. Indeed, "fraud"...
It's No-Fault of NY: How do you spell "Pyrrhic victory"?
http://nynofaultlaw.blogspot.com/2010/12/how-do-you-spell-pyrrhic-victory.html
It's No-Fault of NY. New York State No-Fault Insurance Law News, Analysis and Commentary. Thursday, December 16, 2010. How do you spell "Pyrrhic victory"? A new post. It's only been like a year and a half. Anyway, there's a new Appellate Division case you should read. Matter of Carothers v GEICO Indem. Co., A.D. 3d, , 2010 NY Slip Op 09256 (2d Dep't, 2010). This is probably the correct outcome. 1) the information received from the medical office was incorporated in the billing company's records, OR.
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No Fault Collection Lawyers - New York | New Jersy PIP
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nofaultdefenseattorneys.blogspot.com
No Fault Law - a defense attorney's perspective
No Fault Law - a defense attorney's perspective. A defense attorney's perspective on New York PIP law. Sunday, September 27, 2009. New location for this Blog. I have relocated this blog to the following URL: http:/ nofault.lisquared.com/. Please let me what you think of the new site. Links to this post. Thursday, September 17, 2009. A default that is more than meets the eyes. While the Appellate Division’s decision tells a different story, a review of the record of appeal in. Demand and perfected its mas...
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