Latest legal analysis from the Law Office of Jason Tenenbaum, P.C. covering New York personal injury, employment law, no-fault, and litigation updates.https://jtnylaw.com/en-usintake@jtnylaw.com (Law Office of Jason Tenenbaum, P.C.)intake@jtnylaw.com (Law Office of Jason Tenenbaum, P.C.)https://jtnylaw.com/2026/04/car-accident-arbitration-new-york/https://jtnylaw.com/2026/04/car-accident-arbitration-new-york/Learn when arbitration applies to New York car accident claims, how no-fault arbitration works, when you can demand arbitration vs. go to court, and how to protect your rights at every stage.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-attorney-fees-new-york/https://jtnylaw.com/2026/04/car-accident-attorney-fees-new-york/New York personal injury attorneys handle car accident cases on contingency — no fee unless you win. Learn how the sliding scale under Judiciary Law §474-a works and what expenses to expect.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-black-box-edr-new-york/https://jtnylaw.com/2026/04/car-accident-black-box-edr-new-york/Most modern vehicles have an event data recorder (EDR) that captures speed, braking, and seatbelt use in the seconds before a crash. Learn how this evidence is preserved and used in NY car accident cases.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-case-value-factors-new-york/https://jtnylaw.com/2026/04/car-accident-case-value-factors-new-york/Why does one car accident case settle for $50,000 while a similar case settles for $500,000? Learn the key factors that determine car accident case value in New York.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-changing-doctors-new-york/https://jtnylaw.com/2026/04/car-accident-changing-doctors-new-york/You can change treating doctors after a New York car accident, but how you do it matters. Switching providers the wrong way can give insurance companies ammunition to challenge your claim. Learn the right approach.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-claim-denied-new-york/https://jtnylaw.com/2026/04/car-accident-claim-denied-new-york/A denied car accident claim isn't the end. Learn why insurers deny claims, your rights under New York Insurance Law, and the steps to appeal and recover the compensation you deserve.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-crps-complex-regional-pain-syndrome-new-york/https://jtnylaw.com/2026/04/car-accident-crps-complex-regional-pain-syndrome-new-york/Complex Regional Pain Syndrome (CRPS/RSD) after a Long Island car accident. Learn about diagnosis, treatment, and how CRPS affects your settlement value under New York law.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-demand-package-new-york/https://jtnylaw.com/2026/04/car-accident-demand-package-new-york/A well-organized demand package is the foundation of every car accident settlement negotiation in New York. Learn what to include — from medical records and bills to lost wages, expert reports, and a properly calculated demand amount.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-deposition-preparation-new-york/https://jtnylaw.com/2026/04/car-accident-deposition-preparation-new-york/Your examination before trial (EBT) is one of the most important parts of your car accident case. Learn what to expect, what to say, and what mistakes to avoid at your New York deposition.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-diminished-value-new-york/https://jtnylaw.com/2026/04/car-accident-diminished-value-new-york/Learn how to recover diminished value — the loss in resale value after a car accident repair — in New York. Understand first-party vs. third-party claims and what insurance companies won't tell you.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-discovery-process-new-york/https://jtnylaw.com/2026/04/car-accident-discovery-process-new-york/What happens during discovery in a New York car accident lawsuit? Learn about depositions, document requests, medical authorizations, and IMEs in Nassau and Suffolk County courts.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-examination-under-oath-new-york/https://jtnylaw.com/2026/04/car-accident-examination-under-oath-new-york/What is an EUO in a New York car accident case? When can your insurer require one, what are your rights, and how can refusing affect your claim?Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-filing-lawsuit-new-york/https://jtnylaw.com/2026/04/car-accident-filing-lawsuit-new-york/When should you file a car accident lawsuit in New York? Learn the steps from filing the summons and complaint through discovery, trial, and beyond.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-evidence-preservation-new-york/https://jtnylaw.com/2026/04/car-accident-evidence-preservation-new-york/Critical evidence can disappear within hours after a car accident in New York. Learn how to preserve surveillance video, dashcam footage, black box data, and other evidence — and how spoliation sanctions protect your claim.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-expert-witness-new-york/https://jtnylaw.com/2026/04/car-accident-expert-witness-new-york/Expert witnesses can make or break a car accident case. Learn which experts are used in NY personal injury litigation, how they are disclosed, and how defendants try to exclude them.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-gap-in-treatment-new-york/https://jtnylaw.com/2026/04/car-accident-gap-in-treatment-new-york/Insurance companies use gaps in medical treatment to dispute injury severity. Learn why treatment gaps happen, how New York courts view them, and how to protect your car accident claim.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-gig-worker-new-york/https://jtnylaw.com/2026/04/car-accident-gig-worker-new-york/Uber drivers, DoorDash couriers, and other gig workers face unique challenges after car accidents in New York — from workers' comp classification disputes to proving variable income and navigating rideshare insurance coverage tiers.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-government-vehicle-new-york/https://jtnylaw.com/2026/04/car-accident-government-vehicle-new-york/Suing a city, county, or state agency after a car accident requires strict compliance with New York's Notice of Claim requirements under General Municipal Law §50-e. Missing this deadline can bar your claim entirely.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-health-insurance-new-york/https://jtnylaw.com/2026/04/car-accident-health-insurance-new-york/New York's no-fault system pays medical bills first, but health insurance coordination, ERISA subrogation, and Medicare liens can dramatically affect your net settlement. Learn how to navigate these rules after a car accident.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-infant-compromise-order-new-york/https://jtnylaw.com/2026/04/car-accident-infant-compromise-order-new-york/When a child is injured in a car accident in New York, any settlement must be approved by a court through an infant compromise proceeding under CPLR 1208. Learn how the process works.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-independent-contractor-new-york/https://jtnylaw.com/2026/04/car-accident-independent-contractor-new-york/Independent contractors injured in car accidents face unique coverage challenges — no workers' comp, complex insurance questions, and liability issues when driving for clients. Learn how IC status affects your car accident claim in New York.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-insurance-bad-faith-new-york/https://jtnylaw.com/2026/04/car-accident-insurance-bad-faith-new-york/New York insurers have a duty to settle claims within policy limits when liability is reasonably clear. Learn when an insurer acts in bad faith, the Rocanova standard, and how excess judgments can hold insurers liable.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-insurance-minimum-coverage-new-york/https://jtnylaw.com/2026/04/car-accident-insurance-minimum-coverage-new-york/New York requires $25,000/$50,000 liability coverage, $50,000 no-fault, and supplementary uninsured motorist coverage. When minimum-limits drivers cause serious accidents, understanding your own SUM coverage becomes critical to full recovery.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-joint-replacement-new-york/https://jtnylaw.com/2026/04/car-accident-joint-replacement-new-york/If a car accident required you to have a hip, knee, or shoulder replacement, your injury claim is significantly larger — and more complex. Learn how joint replacement affects damages, causation, and settlement value in New York.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-knee-ligament-injury-new-york/https://jtnylaw.com/2026/04/car-accident-knee-ligament-injury-new-york/Dashboard impacts, T-bone collisions, and rotational forces during car accidents cause ACL, PCL, MCL, and LCL tears in New York. Learn about the 'terrible triad,' dashboard knee PCL mechanism, and how knee ligament injuries are valued in PI claims.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-jury-verdict-vs-settlement-new-york/https://jtnylaw.com/2026/04/car-accident-jury-verdict-vs-settlement-new-york/Should you settle your car accident case or take it to trial? Understand the trade-offs, how NY juries award damages, and when going to verdict makes sense for your case.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-lawsuit-timeline-new-york/https://jtnylaw.com/2026/04/car-accident-lawsuit-timeline-new-york/From filing the complaint to trial, a New York car accident lawsuit can take 2-4 years. Learn the key stages, timelines, and what affects how quickly your case resolves.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-loss-of-enjoyment-new-york/https://jtnylaw.com/2026/04/car-accident-loss-of-enjoyment-new-york/Loss of enjoyment of life (hedonic damages) is a separate element of non-economic damages in New York car accident cases. Learn what qualifies and how it affects your settlement.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-lost-earning-capacity-new-york/https://jtnylaw.com/2026/04/car-accident-lost-earning-capacity-new-york/Lost wages cover past income you missed; lost earning capacity covers your permanently diminished future earnings. Learn how vocational and economic experts prove this damage category in New York car accident cases.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-lowball-settlement-offer-new-york/https://jtnylaw.com/2026/04/car-accident-lowball-settlement-offer-new-york/Insurance companies routinely make lowball settlement offers after Long Island car accidents. Learn how to recognize them, why they happen, and how to respond effectively.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-mediation-new-york/https://jtnylaw.com/2026/04/car-accident-mediation-new-york/Mediation can resolve Long Island car accident cases faster than trial. Learn how New York mediation works, when it makes sense, and how to prepare for a successful session.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-medicare-medicaid-lien-new-york/https://jtnylaw.com/2026/04/car-accident-medicare-medicaid-lien-new-york/If Medicare or Medicaid paid your medical bills after a car accident, they have a right to reimbursement from your settlement. Learn how conditional payments, MSAs, and lien reduction work in New York.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-multiple-defendants-new-york/https://jtnylaw.com/2026/04/car-accident-multiple-defendants-new-york/When multiple parties share fault for a car accident in New York, CPLR §1601 and §1602 govern joint and several liability. Learn how modified joint and several liability affects your ability to recover full compensation.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-mri-herniated-disc-new-york/https://jtnylaw.com/2026/04/car-accident-mri-herniated-disc-new-york/MRI reports using terms like disc protrusion, extrusion, and sequestration describe different degrees of disc injury. Learn how these findings affect your New York car accident claim and how insurance companies challenge MRI evidence.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-pain-diary-documentation-new-york/https://jtnylaw.com/2026/04/car-accident-pain-diary-documentation-new-york/A contemporaneous pain diary is one of the most powerful tools for proving pain and suffering damages in a New York car accident case. Learn what to record, how to format it, and how to avoid common mistakes that undermine your claim.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-permanent-disability-rating-new-york/https://jtnylaw.com/2026/04/car-accident-permanent-disability-rating-new-york/Permanent disability ratings from physicians determine the lasting impairment caused by car accident injuries in New York. Learn how AMA Guides ratings, range-of-motion deficits, and IME disputes affect your settlement.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-post-traumatic-osteoarthritis-new-york/https://jtnylaw.com/2026/04/car-accident-post-traumatic-osteoarthritis-new-york/Car accident injuries to joints — fractures, meniscal tears, ligament ruptures — cause post-traumatic osteoarthritis that progresses over years. Learn how to document and claim future arthritic changes and joint replacement costs in your New York car accident case.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-police-report-new-york/https://jtnylaw.com/2026/04/car-accident-police-report-new-york/The police report is one of the first documents your attorney will request. Learn what a New York MV-104 contains, how to obtain it, how insurers use it, and what to do if the report contains errors.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-pre-existing-conditions-new-york/https://jtnylaw.com/2026/04/car-accident-pre-existing-conditions-new-york/Having a prior injury or medical condition doesn't bar you from recovering full compensation after a car accident. Learn how the eggshell plaintiff doctrine protects vulnerable victims in New York.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-product-liability-new-york/https://jtnylaw.com/2026/04/car-accident-product-liability-new-york/When defective car parts contribute to your car accident injuries in New York, you may have a product liability claim against the manufacturer. Learn how these cases work.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-punitive-damages-new-york/https://jtnylaw.com/2026/04/car-accident-punitive-damages-new-york/Punitive damages are rare in NY car accident cases, but available when a defendant's conduct is reckless, wanton, or egregious. Learn when they apply and how to pursue them.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-serious-injury-threshold-new-york/https://jtnylaw.com/2026/04/car-accident-serious-injury-threshold-new-york/New York's no-fault threshold requires proving a 'serious injury' under Insurance Law §5102(d) to sue for pain and suffering. Learn all 9 categories with key case law.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-social-media-new-york/https://jtnylaw.com/2026/04/car-accident-social-media-new-york/Insurance adjusters and defense lawyers actively monitor social media after car accidents. Learn what posts can destroy your claim and how to protect yourself.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-surgery-settlement-new-york/https://jtnylaw.com/2026/04/car-accident-surgery-settlement-new-york/Surgery dramatically increases car accident settlement values in New York. Learn how ORIF, spinal fusion, and arthroscopic procedures affect your claim, and how insurers try to challenge surgical necessity.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-umbrella-insurance-new-york/https://jtnylaw.com/2026/04/car-accident-umbrella-insurance-new-york/Umbrella insurance policies provide liability coverage above the standard auto policy limits — often $1 million or more. Learn how to discover umbrella coverage, demand payment from umbrella insurers, and how umbrella policies affect your New York car accident settlement.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-treating-specialist-new-york/https://jtnylaw.com/2026/04/car-accident-treating-specialist-new-york/The specialist you see after a New York car accident creates the medical documentation that forms the backbone of your legal claim. Learn which specialists document car accident injuries most effectively and how to avoid common treatment mistakes.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-trial-new-york/https://jtnylaw.com/2026/04/car-accident-trial-new-york/Less than 5% of NY car accident cases go to trial. For those that do, here is what to expect: jury selection, opening statements, witness testimony, expert battles, and jury deliberations.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-treatment-refusal-new-york/https://jtnylaw.com/2026/04/car-accident-treatment-refusal-new-york/New York's avoidable consequences doctrine requires car accident victims to take reasonable steps to minimize their injuries. Refusing surgery, stopping physical therapy, or ignoring medical advice can reduce your pain and suffering award. Learn your rights.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-what-to-do-new-york/https://jtnylaw.com/2026/04/car-accident-what-to-do-new-york/After a New York car accident, the actions you take in the first hours and days determine the strength of your legal claim. Learn what to do at the scene, how to file a no-fault application, and what not to say to insurance adjusters.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-workers-compensation-new-york/https://jtnylaw.com/2026/04/car-accident-workers-compensation-new-york/If you were hurt in a car accident while working — making a delivery, driving to a client meeting, or any work-related task — you may have both a workers' comp claim and a personal injury claim. Learn how these two claims interact in New York.Mon, 06 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/aggressive-driving-accident-settlement-new-york/https://jtnylaw.com/2026/04/aggressive-driving-accident-settlement-new-york/Learn how aggressive driving accident settlements work in New York, including how to prove the other driver's conduct, punitive damages, and typical settlement ranges for tailgating, cutting off, and road rage-adjacent crashes.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/airbag-injury-settlement-new-york/https://jtnylaw.com/2026/04/airbag-injury-settlement-new-york/How much is an airbag injury settlement worth in New York? Learn about settlement ranges for burns, facial fractures, eye injuries, and hearing loss from airbag deployments, and why defective airbags can increase your recovery.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/amputation-limb-loss-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/amputation-limb-loss-car-accident-settlement-new-york/How much is an amputation car accident settlement worth in New York? Settlement ranges for above-knee, below-knee, arm, and hand amputations, lifetime prosthetic costs, and why these cases yield multi-million dollar recoveries.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/back-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/back-injury-car-accident-settlement-new-york/Herniated discs, lumbar fractures, and spinal cord injuries after a car accident in New York — how serious injury threshold, no-fault, and surgery affect your settlement.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/bicycle-accident-settlement-new-york/https://jtnylaw.com/2026/04/bicycle-accident-settlement-new-york/How much is a bicycle accident settlement worth in New York? Cyclists hit by cars have unique legal advantages — no-fault's serious injury threshold does NOT apply to bicycle accident lawsuits. Learn what affects your compensation.Sun, 05 Apr 2026 00:00:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2026/04/brain-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/brain-injury-car-accident-settlement-new-york/TBI after a car accident in New York — concussion, diffuse axonal injury, and skull fractures — how serious injury threshold, expert testimony, and future care costs affect settlement value.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/burn-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/burn-injury-car-accident-settlement-new-york/How much is a burn injury car accident settlement worth in New York? Settlement ranges for first, second, and third-degree burns from car fires, airbag chemicals, and road rash—and why permanent disfigurement drives the highest awards.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/broken-bone-fracture-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/broken-bone-fracture-car-accident-settlement-new-york/How much is a broken bone car accident settlement worth in New York? Settlement values for arm, leg, rib, hip, and spinal fractures—and why fractures automatically clear the serious injury threshold under Insurance Law §5102(d).Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/bus-accident-settlement-new-york/https://jtnylaw.com/2026/04/bus-accident-settlement-new-york/Learn how bus accident settlements work in New York, including the critical Notice of Claim deadlines for MTA, NICE Bus, and school bus accidents, and typical settlement ranges.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-accident-reconstruction-new-york/https://jtnylaw.com/2026/04/car-accident-accident-reconstruction-new-york/Accident reconstruction experts analyze EDR data, skid marks, vehicle damage, and delta-V to establish liability in disputed New York car accident cases. Learn when you need one and what they do.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-anxiety-emotional-distress-new-york/https://jtnylaw.com/2026/04/car-accident-anxiety-emotional-distress-new-york/Anxiety, depression, and emotional distress are compensable injuries in New York car accident cases. Learn how to document and recover for psychological harm.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-black-box-data-new-york/https://jtnylaw.com/2026/04/car-accident-black-box-data-new-york/Car black box (EDR/event data recorder) data can prove speed, braking, and seatbelt use in your New York accident case. Learn how attorneys subpoena EDR data and use it to maximize your settlement.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/car-accident-cell-phone-records-new-york/https://jtnylaw.com/2026/04/car-accident-cell-phone-records-new-york/Cell phone records are among the most powerful evidence in distracted driving cases. Learn how New York attorneys subpoena carrier records, what call logs and data usage show, and how to preserve evidence before it disappears.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-chiropractic-treatment-new-york/https://jtnylaw.com/2026/04/car-accident-chiropractic-treatment-new-york/Chiropractic care after a car accident in New York is covered by no-fault PIP, but it cannot stand alone as the foundation of a serious injury claim. Learn how chiropractic records help — and where they fall short — under NY Insurance Law §5102(d).Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-contingency-fee-new-york/https://jtnylaw.com/2026/04/car-accident-contingency-fee-new-york/Understand how contingency fees work for New York car accident lawyers — including the 33⅓% standard, what expenses are separate, what happens if you lose, and what to look for in a retainer agreement.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-demand-letter-new-york/https://jtnylaw.com/2026/04/car-accident-demand-letter-new-york/How to write a car accident demand letter in New York — what evidence to include, how to calculate damages, and when to send it to the at-fault driver's insurance company.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-disputed-liability-new-york/https://jtnylaw.com/2026/04/car-accident-disputed-liability-new-york/When the other driver disputes fault after a New York car accident, you still have options. Learn how fault is determined, what New York's pure comparative negligence rule means for your recovery, and what steps to take to protect your claim.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-emergency-room-new-york/https://jtnylaw.com/2026/04/car-accident-emergency-room-new-york/Going to the ER immediately after a car accident in New York is one of the most important steps you can take for your health and your injury claim. Learn why delayed treatment creates a gap that insurers exploit, how New York no-fault PIP covers ER bills, and what to tell the emergency room staff.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-emg-nerve-conduction-new-york/https://jtnylaw.com/2026/04/car-accident-emg-nerve-conduction-new-york/EMG and nerve conduction studies (NCV) after a New York car accident objectively document radiculopathy and nerve injury from disc herniation. Learn how these tests strengthen the serious injury threshold claim under Insurance Law §5102(d).Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-epidural-injection-new-york/https://jtnylaw.com/2026/04/car-accident-epidural-injection-new-york/Epidural steroid injections (ESIs) after a car accident are covered under New York no-fault PIP and significantly increase personal injury settlement value. Learn how interlaminar, transforaminal, and caudal ESIs affect your claim, no-fault coverage rules, and why prompt treatment matters.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-evidence-new-york/https://jtnylaw.com/2026/04/car-accident-evidence-new-york/Dashcam footage, traffic cameras, ECM black box data, cell phone records, and witness statements — how to preserve critical car accident evidence before it disappears.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-fibromyalgia-new-york/https://jtnylaw.com/2026/04/car-accident-fibromyalgia-new-york/Car accidents can trigger fibromyalgia onset in predisposed individuals. New York courts require objective clinical findings, consistent treatment, and expert causation testimony to satisfy the serious injury threshold for FM claims.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-future-medical-expenses-new-york/https://jtnylaw.com/2026/04/car-accident-future-medical-expenses-new-york/Life care plans, economist testimony, and present value calculations determine future medical expense awards in New York car accident cases. Learn how attorneys prove and maximize these damages.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/car-accident-ime-new-york/https://jtnylaw.com/2026/04/car-accident-ime-new-york/What happens at an independent medical examination (IME) after a car accident in New York — who orders it, what the doctor looks for, and how to protect your claim.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-health-insurance-lien-new-york/https://jtnylaw.com/2026/04/car-accident-health-insurance-lien-new-york/When health insurance pays for your car accident treatment in New York, the insurer may have a lien on your settlement. Whether that lien is enforceable depends on whether the plan is governed by ERISA, New York state law, or Medicare. Understanding these rules is essential to protecting your net recovery.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-initial-settlement-offer-new-york/https://jtnylaw.com/2026/04/car-accident-initial-settlement-offer-new-york/Why insurance companies make low initial offers after car accidents in New York, how to evaluate whether an offer is fair, and what to do when you're lowballed.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-insurance-adjuster-tactics-new-york/https://jtnylaw.com/2026/04/car-accident-insurance-adjuster-tactics-new-york/Insurance adjusters use specific tactics to minimize car accident payouts. Learn what to watch out for after a New York car accident so you don't unknowingly damage your claim.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/car-accident-insurance-claim-denial-new-york/https://jtnylaw.com/2026/04/car-accident-insurance-claim-denial-new-york/Insurance companies deny car accident claims in New York for many reasons — disputed liability, policy exclusions, late notice, and pre-existing condition defenses. Learn your rights, the appeal process, NYDFS complaint options, and when to hire an attorney.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-life-care-plan-new-york/https://jtnylaw.com/2026/04/car-accident-life-care-plan-new-york/A life care plan is the foundation of catastrophic injury damages in New York car accident cases. Learn what a CLCP prepares, who needs one, how it pairs with an economic expert, and why it anchors the jury's future damages award.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-medicaid-lien-new-york/https://jtnylaw.com/2026/04/car-accident-medicaid-lien-new-york/If Medicaid paid for your car accident medical treatment, New York State has a right to be repaid from your PI settlement. Learn how the lien works, how to request a reduction, and what your attorney must do before distributing funds.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-minor-child-new-york/https://jtnylaw.com/2026/04/car-accident-minor-child-new-york/New York law provides unique protections for minors injured in car accidents — extended statutes of limitations, infants compromise orders, guardian ad litem requirements, and trust account rules. Here is what parents and guardians need to know.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-medical-bills-new-york/https://jtnylaw.com/2026/04/car-accident-medical-bills-new-york/New York no-fault PIP, health insurance, Medicaid/Medicare, and liens — who pays your medical bills after a car accident and how you recover those costs in a settlement.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-no-fault-30-day-deadline-new-york/https://jtnylaw.com/2026/04/car-accident-no-fault-30-day-deadline-new-york/New York requires injured car accident victims to file an NF-2 application for no-fault benefits within 30 days of the accident. Missing this deadline can jeopardize your medical payments and lost wages — but "good cause" exceptions may save your claim.Sun, 05 Apr 2026 00:00:00 GMTCar AccidentsNo-Fault Insurancehttps://jtnylaw.com/2026/04/car-accident-no-fault-exhaustion-new-york/https://jtnylaw.com/2026/04/car-accident-no-fault-exhaustion-new-york/When New York's $50,000 no-fault PIP coverage is exhausted after a car accident, your medical treatment, lost wages, and ongoing care become more complicated. Here's what to do next.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-pain-suffering-calculation-new-york/https://jtnylaw.com/2026/04/car-accident-pain-suffering-calculation-new-york/New York has no cap on pain and suffering in personal injury cases. Learn how the multiplier method, per diem method, and serious injury threshold affect what your car accident claim is worth.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-physical-therapy-new-york/https://jtnylaw.com/2026/04/car-accident-physical-therapy-new-york/Physical therapy after a car accident in New York is covered by no-fault PIP and is essential evidence in your personal injury claim. Learn how PT records, objective measurements, and consistent attendance build your case under NY Insurance Law §5102(d).Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-property-damage-claim-new-york/https://jtnylaw.com/2026/04/car-accident-property-damage-claim-new-york/Navigating a car accident property damage claim in New York — total loss valuations, repair disputes, rental car rights, and diminished value. What insurance won't tell you.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/car-accident-recorded-statement-new-york/https://jtnylaw.com/2026/04/car-accident-recorded-statement-new-york/Why you should never give a recorded statement to the at-fault driver's insurance company after a car accident in New York — and what to say instead.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-rental-car-reimbursement-new-york/https://jtnylaw.com/2026/04/car-accident-rental-car-reimbursement-new-york/After a car accident in New York, who pays for your rental car? Learn the two paths to rental coverage, what no-fault does and does not cover, how long you're entitled to a rental, and what to do when the at-fault driver's insurer stalls.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-scarring-disfigurement-new-york/https://jtnylaw.com/2026/04/car-accident-scarring-disfigurement-new-york/Scarring and disfigurement are qualifying 'serious injuries' under Insurance Law §5102(d) in New York. Learn how courts value these claims and what affects settlement amounts.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-settlement-process-new-york/https://jtnylaw.com/2026/04/car-accident-settlement-process-new-york/How does a car accident settlement work in New York? From filing a no-fault claim to negotiating with the insurance company to trial—a step-by-step guide to getting maximum compensation.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/car-accident-settlement-taxes-new-york/https://jtnylaw.com/2026/04/car-accident-settlement-taxes-new-york/Most New York car accident settlements are not taxable — but there are exceptions. Learn what the IRS says about injury settlements, punitive damages, and lost wages.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/car-accident-social-security-disability-new-york/https://jtnylaw.com/2026/04/car-accident-social-security-disability-new-york/After a serious car accident in New York, you may be entitled to both a personal injury settlement and SSDI or SSI disability benefits. Learn how these systems interact, how a PI settlement affects your benefits, and why a Special Needs Trust matters.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-statute-of-limitations-new-york/https://jtnylaw.com/2026/04/car-accident-statute-of-limitations-new-york/Miss the deadline and your car accident case is gone forever. Learn New York's statute of limitations for car accident lawsuits, wrongful death, and government vehicle claims — and the exceptions that can extend or shorten your time.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/car-accident-structured-settlement-new-york/https://jtnylaw.com/2026/04/car-accident-structured-settlement-new-york/Should you take a structured settlement or a lump sum for your New York car accident case? This guide explains the tax advantages, risks, annuity mechanics, and negotiation strategies that determine which option is right for your situation.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-subrogation-new-york/https://jtnylaw.com/2026/04/car-accident-subrogation-new-york/What is subrogation in a car accident case? Learn how New York subrogation works for health insurance, workers' comp, and no-fault claims—and how an attorney can negotiate liens to maximize your net recovery.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/car-accident-total-loss-new-york/https://jtnylaw.com/2026/04/car-accident-total-loss-new-york/When a car accident totals your vehicle in New York, you navigate a complex process involving actual cash value calculations, total loss thresholds, gap insurance, and property damage rules that differ from no-fault. Here is exactly what to expect and how to protect your rights.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-vocational-expert-new-york/https://jtnylaw.com/2026/04/car-accident-vocational-expert-new-york/A vocational rehabilitation counselor (VRC) is often the key witness in proving lost earning capacity after a serious car accident injury in New York. Learn what vocational experts do, who needs one, and how their testimony interacts with economic damages.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-underinsured-motorist-new-york/https://jtnylaw.com/2026/04/car-accident-underinsured-motorist-new-york/New York's minimum liability limits are often too low to cover serious injuries. Learn how SUM (Supplementary Uninsured/Underinsured Motorist) coverage works, how to file a claim, and how to protect yourself after a car accident on Long Island.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-vocational-rehabilitation-lost-earnings-new-york/https://jtnylaw.com/2026/04/car-accident-vocational-rehabilitation-lost-earnings-new-york/A serious car accident can end your career or reduce your lifetime earnings. Learn how New York courts calculate lost future earning capacity, what vocational experts do, and how to maximize this portion of your settlement.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/car-accident-while-pregnant-new-york/https://jtnylaw.com/2026/04/car-accident-while-pregnant-new-york/Car accidents during pregnancy carry serious risks for mother and baby. Learn your legal rights under New York law and how to protect your claim.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-while-working-new-york/https://jtnylaw.com/2026/04/car-accident-while-working-new-york/Injured in a car accident while driving for work in New York? You may have two separate claims: a workers' compensation claim AND a personal injury lawsuit against the at-fault driver. Learn how both work together.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/car-accident-witness-statements-new-york/https://jtnylaw.com/2026/04/car-accident-witness-statements-new-york/Independent eyewitness statements can make or break a disputed liability car accident case in New York. Learn how to collect witness contact information at the scene, what witnesses can testify to, how to find witnesses after the fact, and how New York law treats witness testimony — including the missing witness charge and the police report hearsay exception.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/commercial-vehicle-accident-settlement-new-york/https://jtnylaw.com/2026/04/commercial-vehicle-accident-settlement-new-york/How much is a commercial vehicle accident settlement worth in New York? Delivery trucks, vans, and company cars involve employer liability and higher insurance limits. Learn your options.Sun, 05 Apr 2026 00:00:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2026/04/comparative-fault-car-accident-new-york/https://jtnylaw.com/2026/04/comparative-fault-car-accident-new-york/Learn how New York's pure comparative negligence rule works in car accident cases, how insurance companies use it to reduce your settlement, and what you can do to protect your recovery.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/construction-zone-accident-settlement-new-york/https://jtnylaw.com/2026/04/construction-zone-accident-settlement-new-york/How much is a construction zone accident settlement worth in New York? Work zone crashes involve multiple defendants — contractor, NYSDOT, and driver. Learn what affects your compensation.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/deer-accident-settlement-new-york/https://jtnylaw.com/2026/04/deer-accident-settlement-new-york/VTL §1180 speed-for-conditions liability, comprehensive vs. collision coverage, and what deer accident settlements are worth in New York.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/defective-vehicle-accident-settlement-new-york/https://jtnylaw.com/2026/04/defective-vehicle-accident-settlement-new-york/Learn how defective vehicle accident settlements work in New York, including strict products liability, NHTSA recall evidence, typical settlement ranges, and how to pursue manufacturers and dealers.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/delayed-car-accident-injuries-new-york/https://jtnylaw.com/2026/04/delayed-car-accident-injuries-new-york/Delayed car accident injury symptoms can jeopardize your claim. Learn why seeing a doctor within 24-72 hours is critical for New York accident victims.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/delivery-driver-accident-settlement-new-york/https://jtnylaw.com/2026/04/delivery-driver-accident-settlement-new-york/Delivery companies carry large commercial insurance policies. Learn how respondeat superior, Amazon DSP liability, and the FedEx contractor defense affect your settlement in New York.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/distracted-driving-accident-settlement-new-york/https://jtnylaw.com/2026/04/distracted-driving-accident-settlement-new-york/Learn how distracted driving accident settlements work in New York, including cell phone record subpoenas, negligence per se under VTL §1225-d, and realistic case value ranges.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/dram-shop-accident-settlement-new-york/https://jtnylaw.com/2026/04/dram-shop-accident-settlement-new-york/Learn how New York's dram shop law (ABC §65) creates bar and restaurant liability for drunk driving accidents, how settlements are calculated, and what you need to prove.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/drug-impaired-driving-accident-settlement-new-york/https://jtnylaw.com/2026/04/drug-impaired-driving-accident-settlement-new-york/Learn how drug-impaired driving accident settlements work in New York, including cannabis DUI after legalization, per se impairment standards, toxicology evidence, and what affects case value.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/drowsy-driving-accident-settlement-new-york/https://jtnylaw.com/2026/04/drowsy-driving-accident-settlement-new-york/How much is a drowsy driving accident settlement worth in New York? Fatigue crashes often involve employer liability and FMCSR violations that dramatically increase case value.Sun, 05 Apr 2026 00:00:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2026/04/drunk-driving-accident-settlement-new-york/https://jtnylaw.com/2026/04/drunk-driving-accident-settlement-new-york/If you were injured by a drunk driver in New York, you may be entitled to more compensation than a typical car accident victim — including dram shop claims and punitive damages. Learn what your case is worth.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/electric-scooter-accident-settlement-new-york/https://jtnylaw.com/2026/04/electric-scooter-accident-settlement-new-york/Learn how e-bike and electric scooter accident settlements work in New York, including the no-fault insurance gap, products liability claims, and how much your case may be worth.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/electric-vehicle-accident-settlement-new-york/https://jtnylaw.com/2026/04/electric-vehicle-accident-settlement-new-york/Learn how EV accident settlements work in New York, including Tesla Autopilot liability, battery fire claims, strict products liability, and what affects your recovery.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/emergency-vehicle-accident-settlement-new-york/https://jtnylaw.com/2026/04/emergency-vehicle-accident-settlement-new-york/Learn how emergency vehicle accident settlements work in New York, including the 90-day Notice of Claim deadline, VTL §1104 limited immunity, and what these cases are worth.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/eye-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/eye-injury-car-accident-settlement-new-york/How much is an eye injury car accident settlement worth in New York? Settlement ranges for corneal abrasions, retinal detachment, orbital fractures, and permanent vision loss—and why permanent blindness from a crash can yield multi-million dollar recoveries.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/facial-injury-disfigurement-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/facial-injury-disfigurement-car-accident-settlement-new-york/How much is a facial injury car accident settlement worth in New York? Settlement ranges for facial lacerations, orbital fractures, jaw injuries, dental damage, and permanent disfigurement under NY Insurance Law §5102(d).Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/failure-to-yield-accident-settlement-new-york/https://jtnylaw.com/2026/04/failure-to-yield-accident-settlement-new-york/Learn how failure to yield accident settlements work in New York, including who is at fault, typical settlement ranges, and the evidence that decides these intersection and merge cases.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/government-vehicle-accident-new-york/https://jtnylaw.com/2026/04/government-vehicle-accident-new-york/Hit by a police car, LIRR vehicle, city bus, or county truck in New York? The 90-day Notice of Claim under GML §50-e is the most critical and commonly missed deadline.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/head-on-collision-settlement-new-york/https://jtnylaw.com/2026/04/head-on-collision-settlement-new-york/Head-on crashes produce the most catastrophic injuries of any accident type. Learn what your New York head-on collision case is worth, who is liable, and why dram shop claims can unlock additional recovery.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/hearing-loss-tinnitus-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/hearing-loss-tinnitus-car-accident-settlement-new-york/Airbag explosions reach 170 decibels. How much is a hearing loss or tinnitus car accident settlement worth in New York? Settlement ranges for acoustic trauma, sensorineural hearing loss, and permanent tinnitus.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/hip-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/hip-injury-car-accident-settlement-new-york/Car accidents cause serious hip injuries including fractures, labral tears, and femoral head damage. Learn what these cases are worth and how to prove them in New York.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/highway-accident-settlement-new-york/https://jtnylaw.com/2026/04/highway-accident-settlement-new-york/Learn how highway accident settlements work in New York, including speed differential crashes, lane change liability on the LIE and Southern State Parkway, and what these cases are worth.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/hit-and-run-accident-settlement-new-york/https://jtnylaw.com/2026/04/hit-and-run-accident-settlement-new-york/If you were injured in a hit and run accident in New York, you still have legal options — through uninsured motorist coverage, MVAIC, and police investigation. Learn what your case is worth and how to protect your rights.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/how-long-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/how-long-car-accident-settlement-new-york/Learn how long car accident settlements typically take in New York, from the no-fault application deadline to trial, and what factors speed up or delay your case.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/ice-black-ice-accident-settlement-new-york/https://jtnylaw.com/2026/04/ice-black-ice-accident-settlement-new-york/Drivers must slow down for icy conditions under VTL §1180(a) — 'I hit black ice' is not a complete defense in New York. Learn about municipal liability and settlement ranges for ice accidents.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/internal-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/internal-injury-car-accident-settlement-new-york/How much is an internal injury car accident settlement worth in New York? Learn about settlement ranges for internal bleeding, organ damage, spleen laceration, and pneumothorax—and why these cases often result in the highest recoveries.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/intersection-accident-settlement-new-york/https://jtnylaw.com/2026/04/intersection-accident-settlement-new-york/Injured at a Long Island intersection? Learn what your case is worth, how right-of-way violations affect fault, and what evidence wins these cases. Free consultation with an experienced NY intersection accident attorney.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/knee-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/knee-injury-car-accident-settlement-new-york/ACL tears, meniscus injuries, and knee fractures after a car accident in New York — how serious injury threshold, surgery, and long-term impairment affect settlement value.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/left-turn-accident-settlement-new-york/https://jtnylaw.com/2026/04/left-turn-accident-settlement-new-york/Drivers making left turns must yield to oncoming traffic under VTL §1141. A violation is negligence per se — learn what affects settlement value in New York left turn cases.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/loss-of-consortium-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/loss-of-consortium-car-accident-settlement-new-york/How much is a loss of consortium claim worth in a New York car accident case? Learn about settlement ranges, who can file (only married spouses in NY), and how this claim adds value to catastrophic injury settlements.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/lost-wages-car-accident-new-york/https://jtnylaw.com/2026/04/lost-wages-car-accident-new-york/New York no-fault wage benefits, the $2,000/month PIP cap, and how to recover full lost earnings through a personal injury lawsuit after a car accident.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/medical-emergency-accident-settlement-new-york/https://jtnylaw.com/2026/04/medical-emergency-accident-settlement-new-york/Learn how to recover compensation when a driver caused an accident due to a medical emergency in New York, including how to defeat the sudden emergency defense and what evidence proves prior knowledge.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/motorcycle-accident-settlement-new-york/https://jtnylaw.com/2026/04/motorcycle-accident-settlement-new-york/How much is a motorcycle accident settlement worth in New York? Riders have unique legal advantages — no no-fault threshold, direct suits for all damages. Learn what affects your compensation.Sun, 05 Apr 2026 00:00:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2026/04/multi-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/multi-car-accident-settlement-new-york/Learn how multi-car pileup settlements work in New York, including how comparative fault affects your recovery, liability among multiple defendants, and what evidence wins these cases.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/neck-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/neck-injury-car-accident-settlement-new-york/Whiplash, herniated discs, and cervical fractures after a car accident in New York — how serious injury threshold, no-fault, and evidence affect your settlement.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/negligent-entrustment-accident-settlement-new-york/https://jtnylaw.com/2026/04/negligent-entrustment-accident-settlement-new-york/Learn how negligent entrustment expands liability, boosts settlement value, and affects your New York car accident claim against owners and employers.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/nerve-damage-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/nerve-damage-car-accident-settlement-new-york/Car accidents cause nerve damage including radiculopathy, neuropathy, and brachial plexus injuries. Learn how these cases are valued and what New York victims need to prove.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/nighttime-accident-settlement-new-york/https://jtnylaw.com/2026/04/nighttime-accident-settlement-new-york/Learn how nighttime car accident settlements work in New York, including the assured clear distance ahead doctrine, headlight violations, and how poor visibility affects case value.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/pain-and-suffering-car-accident-new-york/https://jtnylaw.com/2026/04/pain-and-suffering-car-accident-new-york/Pain and suffering is often the largest component of a New York car accident settlement. Learn how insurers and courts calculate non-economic damages, what the serious injury threshold requires, and how to maximize your recovery.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/parking-lot-accident-settlement-new-york/https://jtnylaw.com/2026/04/parking-lot-accident-settlement-new-york/How much is a parking lot accident settlement worth in New York? Understand settlement ranges, liability factors, and what affects compensation in Nassau and Suffolk County.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/parking-garage-accident-settlement-new-york/https://jtnylaw.com/2026/04/parking-garage-accident-settlement-new-york/Learn how parking garage accident settlements work in New York, including premises liability, car crash claims inside garages, slip and fall cases, and settlement ranges.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/passenger-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/passenger-injury-car-accident-settlement-new-york/Car accident passengers are almost always blameless and can sue the at-fault driver — even a friend or family member. Learn what affects passenger injury settlement values in New York.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/passing-no-passing-zone-accident-settlement-new-york/https://jtnylaw.com/2026/04/passing-no-passing-zone-accident-settlement-new-york/Learn how passing-in-a-no-passing-zone accidents are handled in New York courts, what settlements look like, and how to protect your claim.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/pedestrian-accident-settlement-new-york/https://jtnylaw.com/2026/04/pedestrian-accident-settlement-new-york/Learn how pedestrian accident settlements work in New York, including no-fault coverage for non-drivers, typical settlement ranges, and how comparative negligence affects jaywalking victims.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/pothole-accident-settlement-new-york/https://jtnylaw.com/2026/04/pothole-accident-settlement-new-york/Hit a pothole in New York? Government liability requires a 90-day Notice of Claim under GML §50-e. Learn what affects settlement value and how to protect your rights.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/ptsd-car-accident-new-york/https://jtnylaw.com/2026/04/ptsd-car-accident-new-york/Anxiety, flashbacks, and PTSD are compensable injuries in New York car accident cases. Learn what qualifies as a serious psychological injury and how to document your claim.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/punitive-damages-car-accident-new-york/https://jtnylaw.com/2026/04/punitive-damages-car-accident-new-york/Can you get punitive damages in a New York car accident case? Learn when courts award punitive damages for drunk driving, reckless driving, and road rage—and how they can multiply your recovery beyond compensatory damages.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/rear-end-accident-settlement-new-york/https://jtnylaw.com/2026/04/rear-end-accident-settlement-new-york/Rear-ended on Long Island? The rear driver is almost always liable under New York law. Learn what your case is worth, how to prove disc injuries, and how EDR data defeats 'sudden stop' defenses.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/reckless-driving-accident-settlement-new-york/https://jtnylaw.com/2026/04/reckless-driving-accident-settlement-new-york/Reckless driving under VTL §1212 is a misdemeanor in New York and constitutes negligence per se in civil cases. Learn how punitive damages and criminal convictions affect settlement value.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/rental-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/rental-car-accident-settlement-new-york/Learn how rental car accident settlements work in New York, including the Graves Amendment, insurance coverage gaps, and how to recover compensation when a rental car is involved.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/rib-fracture-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/rib-fracture-car-accident-settlement-new-york/Rib fractures from car accidents are painful, potentially life-threatening, and frequently undervalued by insurers. Learn what these injuries are worth in New York.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/rideshare-accident-settlement-new-york/https://jtnylaw.com/2026/04/rideshare-accident-settlement-new-york/Injured in an Uber or Lyft accident in New York? The coverage period determines everything — from $25K personal insurance to $1M commercial coverage. Learn what your case is worth.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/road-defect-accident-settlement-new-york/https://jtnylaw.com/2026/04/road-defect-accident-settlement-new-york/Learn how to recover compensation after a car accident caused by a pothole or road defect on Long Island, including the 90-day Notice of Claim deadline, prior written notice rule, and settlement ranges.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/road-rage-accident-settlement-new-york/https://jtnylaw.com/2026/04/road-rage-accident-settlement-new-york/How much is a road rage accident settlement worth in New York? Intentional conduct may support punitive damages. Learn settlement ranges and what affects compensation in Nassau and Suffolk County.Sun, 05 Apr 2026 00:00:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2026/04/rotator-cuff-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/rotator-cuff-injury-car-accident-settlement-new-york/Car accidents frequently cause rotator cuff tears. Learn how these injuries are valued in New York, what surgery does to settlement amounts, and how to prove your claim.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/rollover-accident-settlement-new-york/https://jtnylaw.com/2026/04/rollover-accident-settlement-new-york/Rollover accidents on Long Island can involve multiple defendants — other drivers, vehicle manufacturers, and tire companies. Learn what your case is worth and why preserving the vehicle is critical.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/school-bus-accident-settlement-new-york/https://jtnylaw.com/2026/04/school-bus-accident-settlement-new-york/Learn how school bus accident settlements work in New York, including Notice of Claim requirements for school districts, infancy tolling, and typical settlement ranges for children's injuries.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/school-zone-speeding-accident-settlement-new-york/https://jtnylaw.com/2026/04/school-zone-speeding-accident-settlement-new-york/Speeding in a school zone violates VTL §1180(b) and can support punitive damages when children are present. Learn what affects settlement value in school and work zone accidents.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/shoulder-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/shoulder-injury-car-accident-settlement-new-york/Rotator cuff tears, labrum injuries, and AC joint separations after a car accident in New York — how New York no-fault, serious injury threshold, and surgery affect settlement value.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/sideswipe-accident-settlement-new-york/https://jtnylaw.com/2026/04/sideswipe-accident-settlement-new-york/How much is a sideswipe accident settlement worth in New York? Lane-change crashes involve VTL §1128 negligence per se and paint transfer evidence. Learn what affects your compensation.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/soft-tissue-injury-car-accident-new-york/https://jtnylaw.com/2026/04/soft-tissue-injury-car-accident-new-york/Soft tissue injuries from car accidents — sprains, strains, and whiplash — are common but often disputed by insurers in New York. Learn how to prove your injury, meet the serious injury threshold, and maximize your settlement.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/speeding-accident-settlement-new-york/https://jtnylaw.com/2026/04/speeding-accident-settlement-new-york/If you were injured by a speeding driver in New York, your case may be worth more than you think. Learn how EDR black box data, negligence per se, and injury severity affect settlement value on Long Island.Sun, 05 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/spinal-cord-injury-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/spinal-cord-injury-car-accident-settlement-new-york/Paraplegia, quadriplegia, and incomplete spinal cord injuries after a car accident in New York — life care plans, lost earning capacity, and why SCI cases often settle for millions.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/street-racing-accident-settlement-new-york/https://jtnylaw.com/2026/04/street-racing-accident-settlement-new-york/Street racing on New York roads violates VTL §1182 and constitutes negligence per se. Innocent victims often recover substantial settlements — here's what affects your claim's value.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/sudden-stop-accident-settlement-new-york/https://jtnylaw.com/2026/04/sudden-stop-accident-settlement-new-york/New York courts routinely reject the 'sudden stop' defense for rear-end collisions. VTL §1129(a) requires drivers to maintain safe following distance regardless. Learn what affects settlement value.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/suing-municipality-road-defect-car-accident-new-york/https://jtnylaw.com/2026/04/suing-municipality-road-defect-car-accident-new-york/If a pothole, broken guardrail, or missing sign caused your car accident, you may be able to sue the city, county, or state. Learn how New York's Notice of Claim rules work and what you must prove to win a road defect case.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/sun-glare-accident-settlement-new-york/https://jtnylaw.com/2026/04/sun-glare-accident-settlement-new-york/Sun glare is not a legal excuse for crashing in New York. Learn what factors affect sun glare accident settlement amounts and how VTL §1180 applies to your claim.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/t-bone-accident-settlement-new-york/https://jtnylaw.com/2026/04/t-bone-accident-settlement-new-york/Understand how T-bone accident settlements work in New York, including fault determination, typical settlement ranges, and the critical evidence that decides these cases.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/tailgating-accident-settlement-new-york/https://jtnylaw.com/2026/04/tailgating-accident-settlement-new-york/Learn how tailgating accident settlements work in New York, including the VTL §1129(a) rear-end presumption, typical settlement ranges, and how dashcam footage can make or break your case.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/taxi-cab-accident-settlement-new-york/https://jtnylaw.com/2026/04/taxi-cab-accident-settlement-new-york/Learn how taxi accident settlements work in New York, including insurance minimums, medallion owner liability, and typical settlement ranges.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/teen-driver-accident-settlement-new-york/https://jtnylaw.com/2026/04/teen-driver-accident-settlement-new-york/How much is a teen driver accident settlement worth in New York? Parents may share liability under VTL §388. Learn settlement ranges and what negligent entrustment means for your claim.Sun, 05 Apr 2026 00:00:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2026/04/truck-accident-settlement-new-york/https://jtnylaw.com/2026/04/truck-accident-settlement-new-york/Learn how truck accident settlements work in New York, including FMCSR violations, multiple defendants, high insurance limits, and what typical 18-wheeler crash settlements are worth.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/uninsured-motorist-settlement-new-york/https://jtnylaw.com/2026/04/uninsured-motorist-settlement-new-york/How much can you recover from an uninsured driver in New York? UM coverage, MVAIC, and UIM claims all affect your settlement. Learn your options after a hit-and-run or uninsured crash.Sun, 05 Apr 2026 00:00:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2026/04/weather-accident-settlement-new-york/https://jtnylaw.com/2026/04/weather-accident-settlement-new-york/How much is a weather-related car accident settlement worth in New York? Bad weather doesn't excuse bad driving. Learn settlement ranges for snow, ice, and fog crash claims.Sun, 05 Apr 2026 00:00:00 GMTCar Accidentshttps://jtnylaw.com/2026/04/wrong-lane-accident-settlement-new-york/https://jtnylaw.com/2026/04/wrong-lane-accident-settlement-new-york/Crossing a double-yellow line or drifting into oncoming traffic violates VTL §1120 and is negligence per se in New York. Learn what affects wrong-lane accident settlement values.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/wrongful-death-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/wrongful-death-car-accident-settlement-new-york/EPTL §5-4.1 wrongful death claims in New York — who can sue, what damages are recoverable, and what car accident wrongful death cases are worth in Nassau and Suffolk County.Sun, 05 Apr 2026 00:00:00 GMThttps://jtnylaw.com/2026/04/wrong-way-driver-accident-settlement-new-york/https://jtnylaw.com/2026/04/wrong-way-driver-accident-settlement-new-york/How much is a wrong-way driver accident settlement worth in New York? DUI wrong-way crashes often support punitive damages. Learn settlement ranges and liability theories.Sun, 05 Apr 2026 00:00:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2026/04/how-to-negotiate-with-insurance-company-after-car-accident-new-york/https://jtnylaw.com/2026/04/how-to-negotiate-with-insurance-company-after-car-accident-new-york/Insurance companies have teams of adjusters trained to minimize your payout. Learn the exact negotiation tactics adjusters use against you — and how to counter them — after a car accident in New York.Sat, 04 Apr 2026 14:00:00 GMTPersonal InjuryCar AccidentsFAQhttps://jtnylaw.com/2026/04/uninsured-motorist-claim-long-island-new-york/https://jtnylaw.com/2026/04/uninsured-motorist-claim-long-island-new-york/Hit by an uninsured driver on Long Island? You have options. Learn how UM/UIM coverage works in New York, how to file a claim, and how to maximize your recovery when the at-fault driver has no insurance.Sat, 04 Apr 2026 13:30:00 GMTPersonal InjuryCar AccidentsFAQhttps://jtnylaw.com/2026/04/how-much-is-a-car-accident-settlement-worth-new-york/https://jtnylaw.com/2026/04/how-much-is-a-car-accident-settlement-worth-new-york/Car accident settlements in New York range from $15,000 to over $5 million. Learn what determines your settlement amount, how insurance companies calculate offers, and how to maximize your recovery on Long Island.Sat, 04 Apr 2026 13:00:00 GMTPersonal InjuryCar AccidentsFAQhttps://jtnylaw.com/2026/04/no-fault-vs-personal-injury-lawsuit-long-island-ny/https://jtnylaw.com/2026/04/no-fault-vs-personal-injury-lawsuit-long-island-ny/No-fault and personal injury lawsuits are completely different legal paths — and most Long Island accident victims need both. Learn what each covers, when you qualify, and how to maximize your recovery.Sat, 04 Apr 2026 12:00:00 GMTPersonal InjuryCar AccidentsFAQhttps://jtnylaw.com/2026/04/how-long-does-car-accident-lawsuit-take-new-york/https://jtnylaw.com/2026/04/how-long-does-car-accident-lawsuit-take-new-york/A New York car accident lawsuit typically takes 1–3 years from filing to resolution. Learn the full timeline, key milestones, and what affects how fast your case settles.Sat, 04 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/pedestrian-hit-by-car-new-york-settlement/https://jtnylaw.com/2026/04/pedestrian-hit-by-car-new-york-settlement/Pedestrian accident settlements in New York typically range from $50,000 to over $1 million. Learn your rights, what determines settlement value, and why pedestrians deserve maximum compensation.Sat, 04 Apr 2026 00:00:00 GMTPersonal InjuryCar AccidentsPedestrian Accidentshttps://jtnylaw.com/2026/04/rear-end-car-accident-settlement-new-york/https://jtnylaw.com/2026/04/rear-end-car-accident-settlement-new-york/Rear-end accident settlements in New York range from $15,000 to $500,000+. Learn why the rear driver is almost always at fault, how injuries affect value, and what New York's no-fault law means for your case.Sat, 04 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/04/truck-accident-lawsuit-new-york-settlement/https://jtnylaw.com/2026/04/truck-accident-lawsuit-new-york-settlement/Truck accident settlements in New York typically range from $150,000 to over $2 million. Learn who is liable, how federal trucking regulations create additional negligence claims, and what your case may be worth.Sat, 04 Apr 2026 00:00:00 GMTPersonal InjuryCar AccidentsTruck Accidentshttps://jtnylaw.com/2026/04/whiplash-settlement-amount-new-york/https://jtnylaw.com/2026/04/whiplash-settlement-amount-new-york/Average whiplash settlements in New York range from $10,000 to $100,000+. Learn what factors determine your case value, how the serious injury threshold affects recovery, and how insurers evaluate soft-tissue claims.Sat, 04 Apr 2026 00:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/03/2026-03-30-ny-employment-credit-check-ban-employee-rights/https://jtnylaw.com/2026/03/2026-03-30-ny-employment-credit-check-ban-employee-rights/New York's 2026 employment law prohibits most employer credit checks during hiring. Learn your rights, the exceptions, and what Long Island workers can do about illegal credit discrimination.Mon, 30 Mar 2026 13:05:00 GMTEmployment Lawhttps://jtnylaw.com/2026/03/2026-03-30-suing-city-government-vehicle-accidents-long-island/https://jtnylaw.com/2026/03/2026-03-30-suing-city-government-vehicle-accidents-long-island/When a city bus, garbage truck, or municipal vehicle causes an accident, can you sue the government? Learn the Long Island notice-of-claim rules, deadlines, and municipal liability issues that shape these cases.Mon, 30 Mar 2026 13:00:00 GMTPersonal Injuryhttps://jtnylaw.com/2026/03/nyc-expanded-sick-time-law-2026-essta-amendments-employee-rights/https://jtnylaw.com/2026/03/nyc-expanded-sick-time-law-2026-essta-amendments-employee-rights/NYC's Earned Safe and Sick Time Act got major updates in February 2026. Learn about new workplace violence protections, housing court coverage, and expanded employee rights.Sat, 28 Mar 2026 13:00:00 GMTEmployment LawLegal Newshttps://jtnylaw.com/2026/03/ptsd-serious-injury-new-york-insurance-law/https://jtnylaw.com/2026/03/ptsd-serious-injury-new-york-insurance-law/Can PTSD qualify as a serious injury under New York Insurance Law section 5102(d)? Attorney Jason Tenenbaum explains the new Ravi v. Gyebi ruling and what accident victims need to prove.Sat, 28 Mar 2026 13:00:00 GMTPersonal InjuryCar Accidentshttps://jtnylaw.com/2026/03/social-media-addiction-lawsuits-ny-mdl-mental-health-harm/https://jtnylaw.com/2026/03/social-media-addiction-lawsuits-ny-mdl-mental-health-harm/Over 2,407 social media addiction cases are consolidated in MDL 3047. Learn what New York families need to know about filing claims against Meta, TikTok, and Snapchat in 2026.Fri, 27 Mar 2026 13:00:00 GMTPersonal InjuryLegal Newshttps://jtnylaw.com/2026/03/eeoc-reverse-discrimination-dei-timeline-2026/https://jtnylaw.com/2026/03/eeoc-reverse-discrimination-dei-timeline-2026/The EEOC just settled its first major reverse discrimination case against Planned Parenthood. Here's the complete timeline of how federal enforcement turned against corporate DEI programs — and what it means for your rights.Fri, 20 Mar 2026 13:00:00 GMTEmployment LawLegal Newshttps://jtnylaw.com/2026/03/nyc-117-million-police-misconduct-settlements-2025/https://jtnylaw.com/2026/03/nyc-117-million-police-misconduct-settlements-2025/NYC paid $117M to settle 1,044 police misconduct lawsuits in 2025. Learn your rights and how to file a claim.Mon, 02 Mar 2026 17:00:00 GMTNewsCivil Rightshttps://jtnylaw.com/2026/02/employment-law-changes-gig-workers-independent-contractors-2026/https://jtnylaw.com/2026/02/employment-law-changes-gig-workers-independent-contractors-2026/The Trump administration is rolling back the Biden-era independent contractor rule, dramatically impacting gig workers, rideshare drivers, and employment law in New York. Learn how these changes affect your rights and what steps to take.Fri, 27 Feb 2026 16:00:00 GMTEmployment LawWorkers Rightshttps://jtnylaw.com/2026/02/euo-no-show-attorney-affirmation-time-lapse-insufficient-2025/https://jtnylaw.com/2026/02/euo-no-show-attorney-affirmation-time-lapse-insufficient-2025/Appellate Term reverses Civil Court, holding that an attorney's affirmation attesting to plaintiff's failure to appear at EUOs was sufficient despite a 'significant lapse in time.' Analysis of GC Chiropractic v State Farm.Wed, 25 Feb 2026 17:00:00 GMTEUO issueshttps://jtnylaw.com/2026/02/priority-of-payment-regulation-no-force-arbitration-2024-2025/https://jtnylaw.com/2026/02/priority-of-payment-regulation-no-force-arbitration-2024-2025/Both the First and Second Departments have held that the priority of payment regulation under 11 NYCRR 65-3.15 is of no force or effect in no-fault arbitration proceedings. Analysis of Lam Quan v GEICO and Fill Rx v LM General.Wed, 25 Feb 2026 17:00:00 GMTNo-Faulthttps://jtnylaw.com/2026/02/verification-120-day-no-denial-required-chapa-2026/https://jtnylaw.com/2026/02/verification-120-day-no-denial-required-chapa-2026/Appellate Division holds insurers need not issue a denial when a medical provider or injured person fails to respond to verification demands within 120 days. Analysis of Chapa Prods. v MVAIC (2026).Wed, 25 Feb 2026 17:00:00 GMTAdditional Verificationhttps://jtnylaw.com/2026/02/how-to-talk-to-a-judge-in-new-york/https://jtnylaw.com/2026/02/how-to-talk-to-a-judge-in-new-york/Practical guide on how to talk to a judge in New York courts. Proper forms of address, courtroom behavior, and tips from Long Island attorney Jason Tenenbaum. Call 516-750-0595.Tue, 24 Feb 2026 17:00:00 GMTFAQProcedural Issueshttps://jtnylaw.com/2026/02/loan-modification-statute-limitations-foreclosure-warning/https://jtnylaw.com/2026/02/loan-modification-statute-limitations-foreclosure-warning/A 2026 NY Appellate Division ruling warns homeowners: signing loan modifications after the 6-year foreclosure statute expires can revive lenders' rights. Call 516-750-0595Fri, 20 Feb 2026 02:35:25 GMTForeclosurehttps://jtnylaw.com/2026/02/survivors-act-5-million-verdict-childhood-sexual-abuse-ny/https://jtnylaw.com/2026/02/survivors-act-5-million-verdict-childhood-sexual-abuse-ny/NY appellate court affirms $5M verdict for childhood sexual abuse survivor under the Survivors Act. Learn your rights. Call 516-750-0595 for a free consultation.Thu, 19 Feb 2026 00:51:13 GMTDamagesLegal NewsPersonal Injuryhttps://jtnylaw.com/2026/02/cplr-2106-amendment-eliminates-affidavit-notarization-requirement-new-york/https://jtnylaw.com/2026/02/cplr-2106-amendment-eliminates-affidavit-notarization-requirement-new-york/NY CPLR 2106 amendment eliminates notarized affidavits and certificates of conformity. Learn how this changes litigation practice. Call 516-750-0595.Thu, 19 Feb 2026 00:16:26 GMTEvidenceProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2026/02/colossus-claims-software-undervalue-injury-claims-new-york/https://jtnylaw.com/2026/02/colossus-claims-software-undervalue-injury-claims-new-york/Insurance companies use Colossus software to lowball your injury claim. Learn how this system works and how a Long Island attorney can fight back. Call 516-750-0595.Wed, 18 Feb 2026 20:53:32 GMTNo-FaultPersonal Injuryhttps://jtnylaw.com/2026/02/workers-compensation-lawyer-suffolk-county/https://jtnylaw.com/2026/02/workers-compensation-lawyer-suffolk-county/Expert workers compensation lawyer in Suffolk County. Skilled NY legal representation for work injuries, disability claims, and denied benefits. Call 516-750-0595.Sat, 14 Feb 2026 23:12:32 GMTFAQhttps://jtnylaw.com/2026/02/wrongful-death-attorney-long-island/https://jtnylaw.com/2026/02/wrongful-death-attorney-long-island/Experienced wrongful death attorney on Long Island. Compassionate NY legal representation for families facing tragic losses. Free consultation - Call 516-750-0595.Sat, 14 Feb 2026 23:10:40 GMTFAQhttps://jtnylaw.com/2026/02/medical-malpractice-lawyer-long-island/https://jtnylaw.com/2026/02/medical-malpractice-lawyer-long-island/Top medical malpractice lawyer on Long Island. Expert NY legal representation for hospital errors, misdiagnosis, surgical mistakes. Free consultation - Call 516-750-0595.Sat, 14 Feb 2026 23:08:48 GMTFAQhttps://jtnylaw.com/2026/02/winter-slip-fall-accidents-nyc-long-island/https://jtnylaw.com/2026/02/winter-slip-fall-accidents-nyc-long-island/Injured in a winter slip and fall in NYC or Long Island? Learn what to do, who is liable, and how a personal injury lawyer can help. Call 516-750-0595.Sat, 14 Feb 2026 21:26:30 GMTCar AccidentsPersonal InjuryPremises Liabilityhttps://jtnylaw.com/2025/11/ny-wage-law-2026-is-your-overtime-pay-at-risk/https://jtnylaw.com/2025/11/ny-wage-law-2026-is-your-overtime-pay-at-risk/Protect your overtime rights under NY's new 2026 wage laws. Learn how salary thresholds and exemption rules affect your pay. Call 516-750-0595 for help.Tue, 11 Nov 2025 16:59:19 GMTEmployment Lawhttps://jtnylaw.com/2025/10/ny-car-accidents-in-2026-are-you-really-covered/https://jtnylaw.com/2025/10/ny-car-accidents-in-2026-are-you-really-covered/Understand NY's no-fault insurance limits and when you can sue for full compensation. Protect your rights after a car accident. Call 516-750-0595 for help.Wed, 08 Oct 2025 12:00:00 GMTCar Accidentshttps://jtnylaw.com/2025/10/long-islands-riskiest-roads-are-you-driving-on-one/https://jtnylaw.com/2025/10/long-islands-riskiest-roads-are-you-driving-on-one/Long Island's most dangerous roads revealed: Route 25A and Northern State Parkway crash data, safety tips, and legal guidance for Nassau County drivers.Mon, 06 Oct 2025 14:14:38 GMTCar Accidentshttps://jtnylaw.com/2025/09/slip-and-fall-in-new-york-how-to-prove-your-premises-liability-case/https://jtnylaw.com/2025/09/slip-and-fall-in-new-york-how-to-prove-your-premises-liability-case/Learn how to prove your premises liability case in NY slip-and-fall accidents. Get expert legal help to maximize compensation. Call 516-750-0595 today.Mon, 29 Sep 2025 18:00:00 GMTSlip and Fallhttps://jtnylaw.com/2025/09/ny-no-fault-are-you-leaving-money-on-the-table-after-a-car-crash/https://jtnylaw.com/2025/09/ny-no-fault-are-you-leaving-money-on-the-table-after-a-car-crash/Don't leave money on the table after your NY car crash. Understand no-fault benefits and when you can sue. Call 516-750-0595 for help.Tue, 23 Sep 2025 20:03:34 GMTNo-Faulthttps://jtnylaw.com/2025/09/ny-dog-bites-settle-or-fight-for-fair-compensation/https://jtnylaw.com/2025/09/ny-dog-bites-settle-or-fight-for-fair-compensation/Injured by a dog bite in NY? Learn when to settle vs. fight for fair compensation. Protect your rights. Call 516-750-0595 for free advice.Tue, 23 Sep 2025 16:39:32 GMTDog Biteshttps://jtnylaw.com/2025/09/bar-brawl-aftermath-can-victims-claim-compensation/https://jtnylaw.com/2025/09/bar-brawl-aftermath-can-victims-claim-compensation/Injured in a bar brawl? Understand your compensation rights in NY premises liability cases. Get expert legal help to fight for justice. Call 516-750-0595.Fri, 19 Sep 2025 12:00:00 GMTPersonal Injuryhttps://jtnylaw.com/2025/09/nyc-scaffold-accidents-labor-law-240/https://jtnylaw.com/2025/09/nyc-scaffold-accidents-labor-law-240/Injured in a NYC scaffold accident? Learn how Labor Law 240 protects construction workers. Get maximum compensation. Call 516-750-0595 today.Wed, 17 Sep 2025 14:59:01 GMTConstruction Accidentshttps://jtnylaw.com/2025/09/long-island-employers-are-you-playing-employment-law-catch-up/https://jtnylaw.com/2025/09/long-island-employers-are-you-playing-employment-law-catch-up/Is your Long Island business compliant with employment law changes? Protect your company from costly violations. Call 516-750-0595 for guidance.Tue, 16 Sep 2025 16:16:20 GMTEmployment Lawhttps://jtnylaw.com/2025/09/dog-bite-at-work-long-islands-guide-to-workers-comp-and-injury-claims/https://jtnylaw.com/2025/09/dog-bite-at-work-long-islands-guide-to-workers-comp-and-injury-claims/Injured by a dog bite at work on Long Island? Learn about workers' comp benefits and additional injury claims. Get expert legal help. Call 516-750-0595.Wed, 10 Sep 2025 13:39:18 GMTDog Bitehttps://jtnylaw.com/2025/09/massapequa-park-bike-crash-what-rights-do-ny-cyclists-have/https://jtnylaw.com/2025/09/massapequa-park-bike-crash-what-rights-do-ny-cyclists-have/Teen cyclist seriously injured in Massapequa Park crash. Learn about NY cyclist rights, legal options, and how personal injury lawyers help victims recover.Tue, 09 Sep 2025 14:01:20 GMTLegal Newshttps://jtnylaw.com/2025/09/long-island-construction-accidents-are-you-protected/https://jtnylaw.com/2025/09/long-island-construction-accidents-are-you-protected/Long Island construction accident laws and worker protections. Learn about Labor Law 240, liability, and legal rights for injured construction workers on Long Island.Tue, 02 Sep 2025 17:14:14 GMTConstruction Accidentshttps://jtnylaw.com/2025/09/how-ny-lawsuits-are-reshaping-the-app-economy/https://jtnylaw.com/2025/09/how-ny-lawsuits-are-reshaping-the-app-economy/New York lawsuits are transforming the gig economy by redefining worker classification for app drivers. Learn how major cases impact rideshare and delivery workers' rights.Tue, 02 Sep 2025 13:53:02 GMTEmployment Lawhttps://jtnylaw.com/2025/08/sidestep-disaster-averting-premises-liability-traps-in-new-york/https://jtnylaw.com/2025/08/sidestep-disaster-averting-premises-liability-traps-in-new-york/Learn essential strategies to avoid costly premises liability traps in New York. Discover legal frameworks, maintenance tips, and prevention methods for property owners.Thu, 28 Aug 2025 12:00:00 GMTPremises Liabilityhttps://jtnylaw.com/2025/08/trip-and-fall-in-ny-whats-your-case-really-worth/https://jtnylaw.com/2025/08/trip-and-fall-in-ny-whats-your-case-really-worth/Learn what trip and fall cases are worth in NY. Real settlement data, factors affecting compensation, and how to evaluate your premises liability claim.Fri, 22 Aug 2025 14:28:04 GMTPremises Liabilityhttps://jtnylaw.com/2025/08/how-to-win-your-workers-comp-fight/https://jtnylaw.com/2025/08/how-to-win-your-workers-comp-fight/Learn how to successfully navigate workers' compensation claims, understand different claim types, and overcome common challenges to secure your benefits.Wed, 20 Aug 2025 16:40:15 GMTWorker's Comphttps://jtnylaw.com/2025/08/long-island-truck-sideswipes-are-you-in-the-blind-spot/https://jtnylaw.com/2025/08/long-island-truck-sideswipes-are-you-in-the-blind-spot/Learn about truck sideswipe accidents on Long Island, including blind spots, causes, legal issues, and safety tips for LIE and Northern State Parkway drivers.Wed, 13 Aug 2025 14:30:59 GMTTruck Accidentshttps://jtnylaw.com/2025/08/long-island-elevator-laws/https://jtnylaw.com/2025/08/long-island-elevator-laws/Nassau and Suffolk County elevator safety laws, inspection requirements, and liability rules for Long Island property owners and injury victims.Mon, 11 Aug 2025 15:00:00 GMTPremises Liabilityhttps://jtnylaw.com/2025/08/slip-and-fall-7-steps-to-take-in-the-first-24-hours/https://jtnylaw.com/2025/08/slip-and-fall-7-steps-to-take-in-the-first-24-hours/Learn the 7 critical steps to take in the first 24 hours after a slip and fall accident in New York to protect your rights and build a strong injury claim.Fri, 08 Aug 2025 16:38:48 GMTFAQPersonal InjurySlip and Fall Injuryhttps://jtnylaw.com/2025/08/nyc-elevator-accidents-who-pays-when-cables-snap/https://jtnylaw.com/2025/08/nyc-elevator-accidents-who-pays-when-cables-snap/Learn who's liable when NYC elevator cables snap, from building owners to maintenance companies. Understanding your rights after elevator accidents in New York.Thu, 07 Aug 2025 12:00:00 GMTPremises Liabilityhttps://jtnylaw.com/2025/08/new-yorks-leash-law-realities/https://jtnylaw.com/2025/08/new-yorks-leash-law-realities/Learn New York's leash laws and their impact on dog bite liability. Understand statewide regulations, local variations, and legal responsibilities for pet owners.Wed, 06 Aug 2025 12:00:00 GMTDog BitesPersonal Injuryhttps://jtnylaw.com/2025/08/hidden-cameras-at-northwell-justice-or-betrayal/https://jtnylaw.com/2025/08/hidden-cameras-at-northwell-justice-or-betrayal/Northwell Health faces class action lawsuit over illegal bathroom filming at Manhasset facility. Over 250 victims seek compensation for privacy violations.Mon, 04 Aug 2025 15:30:00 GMTLegal Newshttps://jtnylaw.com/2025/08/ny-medical-malpractice-are-you-a-victim/https://jtnylaw.com/2025/08/ny-medical-malpractice-are-you-a-victim/Learn if you're a victim of NY medical malpractice. Understand legal requirements, proof standards, and your rights when healthcare providers cause harm through negligence.Sat, 02 Aug 2025 12:00:00 GMTMedical Malpracticehttps://jtnylaw.com/2025/07/sig-sauers-11-million-misfire-what-gun-owners-need-to-know/https://jtnylaw.com/2025/07/sig-sauers-11-million-misfire-what-gun-owners-need-to-know/Sig Sauer P320 owners: after an $11 million verdict for a pistol firing without trigger pull, learn if you qualify for a product liability lawsuit. Free case review from Long Island attorneys.Wed, 30 Jul 2025 12:00:00 GMTLegal NewsPersonal Injuryhttps://jtnylaw.com/2025/07/long-island-workplace-bias-are-you-breaking-the-law/https://jtnylaw.com/2025/07/long-island-workplace-bias-are-you-breaking-the-law/Learn about Long Island workplace bias laws, discrimination protections, and employer legal duties. Understand federal, state, and local regulations to avoid violations.Tue, 29 Jul 2025 13:45:00 GMTEmployment Lawhttps://jtnylaw.com/2025/07/common-legal-pitfalls-for-long-island-buisnesses/https://jtnylaw.com/2025/07/common-legal-pitfalls-for-long-island-buisnesses/Discover common legal pitfalls facing Long Island businesses, from corporate liability issues to contract disputes and regulatory compliance challenges.Fri, 18 Jul 2025 12:15:00 GMTLegal Expertisehttps://jtnylaw.com/2025/07/north-hempstead-fence-fight-are-your-borders-a-legal-risk/https://jtnylaw.com/2025/07/north-hempstead-fence-fight-are-your-borders-a-legal-risk/North Hempstead's rejected fence height law reveals property owners' liability risks. Learn how fence regulations impact premises liability cases on Long Island.Wed, 16 Jul 2025 12:00:00 GMTLegal Newshttps://jtnylaw.com/2025/07/no-fault-billing-how-to-dodge-deadline-disasters/https://jtnylaw.com/2025/07/no-fault-billing-how-to-dodge-deadline-disasters/Master no-fault billing deadlines with expert strategies to avoid claim denials, compliance issues, and costly delays in New York insurance cases.Tue, 15 Jul 2025 12:15:00 GMTNo-Faulthttps://jtnylaw.com/2025/07/workplace-bias-is-your-companys-policy-just-words/https://jtnylaw.com/2025/07/workplace-bias-is-your-companys-policy-just-words/Learn how to identify workplace discrimination, understand your company's anti-harassment policies, and take the right legal steps to protect your rights as an employee.Mon, 14 Jul 2025 20:19:36 GMTEmployment Lawhttps://jtnylaw.com/2025/07/no-fault-claims-and-workers-comp/https://jtnylaw.com/2025/07/no-fault-claims-and-workers-comp/Learn how no-fault insurance and workers compensation interact in workplace injury cases. Understand legal complexities, employer tactics, and your rights.Mon, 14 Jul 2025 14:01:05 GMTNo-FaultWorkers Compensationhttps://jtnylaw.com/2025/07/lirr-train-accidents/https://jtnylaw.com/2025/07/lirr-train-accidents/Fatal LIRR train accident east of Hicksville highlights railroad safety protocols and legal accountability in NY mass transit system injuries.Wed, 09 Jul 2025 15:45:00 GMTLegal NewsPersonal Injuryhttps://jtnylaw.com/2025/07/top-5-common-premises-liability-claims-2025/https://jtnylaw.com/2025/07/top-5-common-premises-liability-claims-2025/Discover the 5 most common premises liability claims in NYC. From slip and falls to security issues, learn what property owners must know in 2025.Wed, 09 Jul 2025 12:08:00 GMTPremises Liabilityhttps://jtnylaw.com/2025/07/cyclist-pedestrian-accidents/https://jtnylaw.com/2025/07/cyclist-pedestrian-accidents/Long Island cyclist and pedestrian accidents: understanding dangers, causes, and legal rights. Expert analysis of suburban sprawl risks and safety issues.Sat, 05 Jul 2025 12:28:00 GMTBicycle AccidentsCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/07/nyc-bus-accident-statute-of-limitations/https://jtnylaw.com/2025/07/nyc-bus-accident-statute-of-limitations/Learn NY bus accident statute of limitations deadlines. MTA claims have strict notice requirements that differ from standard personal injury cases.Thu, 03 Jul 2025 12:08:00 GMTBus AccidentsPersonal Injuryhttps://jtnylaw.com/2025/07/4th-of-july-accidents/https://jtnylaw.com/2025/07/4th-of-july-accidents/Learn about common 4th of July accidents in NY including fireworks injuries, grill burns, and drowning risks. Get legal help for holiday-related personal injuries.Wed, 02 Jul 2025 14:37:42 GMTPersonal Injuryhttps://jtnylaw.com/2025/07/whiplash-soft-tissue-injuries-car-accident/https://jtnylaw.com/2025/07/whiplash-soft-tissue-injuries-car-accident/Learn about whiplash & soft tissue injuries from car accidents. Discover why these "minor" injuries can become major problems & your legal options in NY.Tue, 01 Jul 2025 13:02:42 GMTCar Accidentshttps://jtnylaw.com/2025/06/ny-motorcycle-helmet-laws/https://jtnylaw.com/2025/06/ny-motorcycle-helmet-laws/Learn how NY motorcycle helmet laws impact your injury claim. Understand legal requirements, penalties, and how helmet compliance affects compensation in accidents.Thu, 26 Jun 2025 12:04:00 GMTMotorcycle Accidentshttps://jtnylaw.com/2025/06/ny-car-accidents-police-reports/https://jtnylaw.com/2025/06/ny-car-accidents-police-reports/Learn how NY police reports impact car accident claims. Essential components, officer analysis, injury documentation & how these reports affect your case outcome.Tue, 24 Jun 2025 18:54:33 GMTCar Accidentshttps://jtnylaw.com/2025/06/rear-end-collisions-in-ny/https://jtnylaw.com/2025/06/rear-end-collisions-in-ny/Learn who's liable in NY rear-end collisions. Understand legal presumptions, comparative negligence, and when front drivers share fault in car accidents.Sat, 21 Jun 2025 12:00:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/06/long-island-dangerous-intersections/https://jtnylaw.com/2025/06/long-island-dangerous-intersections/Learn about Long Island's 5 most dangerous intersections based on crash data analysis. See statistics, victim stories, and legal options for accident victims.Wed, 18 Jun 2025 13:16:23 GMTCar Accidentshttps://jtnylaw.com/2025/06/partially-at-fault-accident/https://jtnylaw.com/2025/06/partially-at-fault-accident/Learn how New York's comparative negligence laws allow you to recover compensation even when partially at fault in a car accident. Understand fault percentages and recovery.Mon, 16 Jun 2025 17:48:30 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/06/understanding-uninsured-motorist-motorcycle-accidents/https://jtnylaw.com/2025/06/understanding-uninsured-motorist-motorcycle-accidents/Learn how uninsured motorist coverage protects NYC motorcyclists when at-fault drivers lack insurance. Essential guide to UM/UIM coverage and New York's requirements.Fri, 13 Jun 2025 16:39:02 GMTMotorcycle AccidentsPersonal Injuryhttps://jtnylaw.com/2025/06/average-dog-bite-settlement/https://jtnylaw.com/2025/06/average-dog-bite-settlement/Learn about average dog bite settlements in 2025, including factors affecting compensation amounts and recent New York legal changes that expanded victim rights.Wed, 11 Jun 2025 12:00:00 GMTDog BitesPersonal Injuryhttps://jtnylaw.com/2025/06/dog-bite-laws-in-new-york/https://jtnylaw.com/2025/06/dog-bite-laws-in-new-york/Learn about New York's dog bite laws after the landmark 2025 Flanders v. Goodfellow ruling that ended the "one free bite" rule and expanded victim rights.Mon, 09 Jun 2025 17:01:25 GMTDog BitesPersonal Injuryhttps://jtnylaw.com/2025/06/motorcycle-accident-claim/https://jtnylaw.com/2025/06/motorcycle-accident-claim/Learn about New York's 3-year statute of limitations for motorcycle accident claims, exceptions for government cases, and critical filing deadlines.Fri, 06 Jun 2025 12:00:00 GMTMotorcycle AccidentsPersonal Injuryhttps://jtnylaw.com/2025/06/comparative-negligence-in-motorcycle-accident-cases/https://jtnylaw.com/2025/06/comparative-negligence-in-motorcycle-accident-cases/Learn how New York's comparative negligence law affects motorcycle accident compensation, even when you share fault. Key insights for riders and legal outcomes.Wed, 04 Jun 2025 12:24:00 GMTMotorcycle AccidentsPersonal Injuryhttps://jtnylaw.com/2025/06/what-to-do-after-motorcycle-accident/https://jtnylaw.com/2025/06/what-to-do-after-motorcycle-accident/Learn essential steps to take after a motorcycle accident in New York. Get expert guidance on safety, documentation, and protecting your legal rights.Mon, 02 Jun 2025 14:32:02 GMTMotorcycle AccidentsPersonal Injuryhttps://jtnylaw.com/2025/05/signs-of-nursing-home-about-ny/https://jtnylaw.com/2025/05/signs-of-nursing-home-about-ny/Learn to identify signs of nursing home abuse in New York. Recognize physical injuries, behavioral changes, and warning signs to protect vulnerable residents.Fri, 30 May 2025 14:25:37 GMTPersonal Injuryhttps://jtnylaw.com/2025/05/common-accidents-how-to-prove-them/https://jtnylaw.com/2025/05/common-accidents-how-to-prove-them/Learn how to prove fault in common New York accidents. Expert insights on evidence gathering, legal challenges, and compensation strategies for injury victims.Tue, 27 May 2025 17:40:16 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/05/uninsured-driver-car-accidents/https://jtnylaw.com/2025/05/uninsured-driver-car-accidents/Learn about uninsured driver car accidents in NY. Understand UM/UIM coverage, when to file claims, and how to protect yourself when at-fault drivers lack insurance.Wed, 21 May 2025 19:46:16 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/05/expert-witness-in-car-accident-lawsuits/https://jtnylaw.com/2025/05/expert-witness-in-car-accident-lawsuits/Learn how expert witnesses in New York car accident lawsuits help establish fault, causation, and damages through accident reconstruction, medical testimony, and economic analysis.Wed, 14 May 2025 12:33:00 GMTCar AccidentsExpertsPersonal Injuryhttps://jtnylaw.com/2025/05/hit-and-run-car-accidents-ny/https://jtnylaw.com/2025/05/hit-and-run-car-accidents-ny/Hit and run accidents in NY create unique challenges for victims. Learn your rights under no-fault insurance, uninsured motorist coverage, and recovery options.Mon, 12 May 2025 18:23:24 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/05/nyc-boat-accidents/https://jtnylaw.com/2025/05/nyc-boat-accidents/NYC boat accident lawyers explain maritime law complexities, federal vs state jurisdiction, safety violations, and legal deadlines for injury claims in New York waters.Fri, 09 May 2025 12:21:00 GMTPersonal Injuryhttps://jtnylaw.com/2025/05/how-to-choose-car-accident-attorney/https://jtnylaw.com/2025/05/how-to-choose-car-accident-attorney/Expert guide on selecting the right car accident attorney on Long Island. Learn key factors, avoid common mistakes, and find skilled legal representation.Mon, 05 May 2025 14:43:56 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/05/mta-bus-accidents/https://jtnylaw.com/2025/05/mta-bus-accidents/Learn about MTA bus accident claims on Long Island. Understand legal complexities, deadlines, and compensation rights when injured in NYC transit accidents.Mon, 05 May 2025 12:22:00 GMTBus AccidentsPersonal Injuryhttps://jtnylaw.com/2025/05/what-is-de-novo/https://jtnylaw.com/2025/05/what-is-de-novo/Learn what "de novo" means in NY personal injury and no-fault cases. Understand how de novo review provides a fresh start when arbitration awards or court rulings seem unfair.Fri, 02 May 2025 13:01:11 GMTNo-FaultPersonal Injuryhttps://jtnylaw.com/2025/04/best-personal-injury-lawyers-long-island/https://jtnylaw.com/2025/04/best-personal-injury-lawyers-long-island/Discover why The Law Office of Jason Tenenbaum, P.C. is among the best personal injury lawyers on Long Island.Thu, 24 Apr 2025 16:38:21 GMTPersonal Injuryhttps://jtnylaw.com/2025/04/what-is-the-highly-compensated-employee-exemption/https://jtnylaw.com/2025/04/what-is-the-highly-compensated-employee-exemption/Learn about the FLSA Highly Compensated Employee exemption requirements, salary thresholds, and recent legal changes affecting overtime classification in 2024-2025.Wed, 23 Apr 2025 18:22:24 GMTEmployment Lawhttps://jtnylaw.com/2025/04/new-ny-dog-bite-law/https://jtnylaw.com/2025/04/new-ny-dog-bite-law/Discover how Flanders v. Goodfellow transforms New York dog bite law, expanding pet owner liability and empowering injury victims.Fri, 18 Apr 2025 16:20:21 GMTDog BitesLegal NewsPersonal Injuryhttps://jtnylaw.com/2025/04/wrongful-death-statute-of-limitations/https://jtnylaw.com/2025/04/wrongful-death-statute-of-limitations/Learn about wrongful death statute of limitations in New York. Understand the 2-year deadline, exceptions, and how timing affects your legal rights and compensation.Tue, 15 Apr 2025 12:56:56 GMTPersonal InjuryStatute of LimitationsWrongful Deathhttps://jtnylaw.com/2025/04/mv104-how-a-simple-form-can-wreck-your-injury-claim/https://jtnylaw.com/2025/04/mv104-how-a-simple-form-can-wreck-your-injury-claim/Learn how MV104 Motor Vehicle Accident Reports can damage your NY injury claim and what steps to take to protect your case from common filing mistakes.Wed, 09 Apr 2025 11:46:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/04/long-island-expressway-car-accident/https://jtnylaw.com/2025/04/long-island-expressway-car-accident/Injured in a Long Island Expressway car accident? Learn about LIE dangers, common causes of crashes, and how personal injury attorneys help victims navigate claims.Mon, 07 Apr 2025 18:55:03 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/04/abdominal-injury-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/abdominal-injury-car-accident-settlement-new-york/How spleen lacerations, liver injuries, bowel perforations, and abdominal trauma from car accidents are valued in New York personal injury cases.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/ankle-foot-injury-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/ankle-foot-injury-car-accident-settlement-new-york/Learn how ankle fractures, Lisfranc injuries, and foot injuries from car accidents are valued in New York personal injury cases.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/car-accident-deposition-new-york/https://jtnylaw.com/2025/04/car-accident-deposition-new-york/A complete guide to the car accident deposition process in New York — what questions are asked, how to prepare, and common mistakes to avoid.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/chest-injury-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/chest-injury-car-accident-settlement-new-york/How seatbelt injuries, rib fractures, pneumothorax, aortic injury, and chest trauma from car accidents are valued in New York personal injury cases.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/chronic-pain-crps-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/chronic-pain-crps-car-accident-settlement-new-york/How Complex Regional Pain Syndrome (CRPS/RSD) and chronic pain conditions from car accidents are diagnosed, proven, and valued in New York personal injury cases.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/dental-tmj-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/dental-tmj-car-accident-settlement-new-york/How broken teeth, TMJ (temporomandibular joint) injuries, jaw fractures, and dental trauma from car accidents are valued in New York personal injury cases.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/elbow-injury-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/elbow-injury-car-accident-settlement-new-york/How olecranon fractures, radial head fractures, elbow dislocations, and soft tissue elbow injuries from car accidents are valued in New York personal injury cases.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/leg-fracture-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/leg-fracture-car-accident-settlement-new-york/How femur fractures, tibial plateau fractures, fibula fractures, and leg injuries from car accidents are valued in New York personal injury cases.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/medical-liens-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/medical-liens-car-accident-settlement-new-york/How Medicare, Medicaid, health insurance, hospital, and workers' compensation liens affect your car accident settlement in New York.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/pelvic-injury-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/pelvic-injury-car-accident-settlement-new-york/How pelvic fractures, acetabular fractures, sacral fractures, and pelvic ring injuries from car accidents are valued in New York personal injury cases.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/shoulder-injury-car-accident-pi-claim-new-york/https://jtnylaw.com/2025/04/shoulder-injury-car-accident-pi-claim-new-york/Step-by-step guide to filing a personal injury claim for rotator cuff tears, SLAP tears, shoulder fractures, and AC joint injuries from Long Island car accidents.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/skull-fracture-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/skull-fracture-car-accident-settlement-new-york/How temporal bone fractures, basilar skull fractures, depressed skull fractures, and traumatic brain bleeding from car accidents are valued in New York personal injury cases.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/wrist-hand-injury-car-accident-settlement-new-york/https://jtnylaw.com/2025/04/wrist-hand-injury-car-accident-settlement-new-york/How distal radius fractures, scaphoid fractures, TFCC tears, and hand injuries from car accidents are valued in New York personal injury cases.Sat, 05 Apr 2025 00:00:00 GMThttps://jtnylaw.com/2025/04/rideshare-accident-injury-lawyer/https://jtnylaw.com/2025/04/rideshare-accident-injury-lawyer/Long Island rideshare accident lawyers help victims navigate complex Uber and Lyft crash claims. Get expert legal guidance for your rideshare injury case.Thu, 03 Apr 2025 12:00:00 GMTPersonal Injuryhttps://jtnylaw.com/2025/04/sue-employer-unpaid-bonus/https://jtnylaw.com/2025/04/sue-employer-unpaid-bonus/Learn when you can sue your employer for unpaid bonuses in New York. Understand discretionary vs non-discretionary bonuses and your legal rights under state law.Tue, 01 Apr 2025 12:04:00 GMTEmployment LawLost wageshttps://jtnylaw.com/2025/03/ny-bike-crash-lawyer/https://jtnylaw.com/2025/03/ny-bike-crash-lawyer/New York bicycle accident lawyer helping crash victims recover compensation. Expert legal guidance for bike injuries, liability claims, and insurance disputes on Long Island.Thu, 27 Mar 2025 14:40:00 GMTPersonal Injuryhttps://jtnylaw.com/2025/03/what-is-the-pump-act/https://jtnylaw.com/2025/03/what-is-the-pump-act/Comprehensive guide to the PUMP Act: key provisions, employer compliance requirements, and workplace protections for nursing mothers under federal law.Tue, 25 Mar 2025 12:46:00 GMTEmployment Lawhttps://jtnylaw.com/2025/03/billable-hours-a-clients-guide-to-legal-fees/https://jtnylaw.com/2025/03/billable-hours-a-clients-guide-to-legal-fees/Learn how New York attorneys track billable hours, calculate legal fees, and what clients should expect when working with law firms on Long Island.Fri, 21 Mar 2025 11:59:00 GMTFAQhttps://jtnylaw.com/2025/03/is-lane-splitting-legal-in-ny/https://jtnylaw.com/2025/03/is-lane-splitting-legal-in-ny/Is lane splitting legal in NY? Expert personal injury lawyers at The Law Office of Jason Tenenbaum, P.C. explainWed, 19 Mar 2025 12:33:00 GMTMotorcycle AccidentsPersonal Injuryhttps://jtnylaw.com/2025/03/how-long-does-an-employment-lawsuit-take/https://jtnylaw.com/2025/03/how-long-does-an-employment-lawsuit-take/How long does an employment lawsuit take in New York? Get a realistic timeline from filing through trial — plus what affects speed.Tue, 18 Mar 2025 13:19:17 GMTEmployment LawFAQhttps://jtnylaw.com/2025/03/how-long-does-a-personal-injury-lawsuit-take/https://jtnylaw.com/2025/03/how-long-does-a-personal-injury-lawsuit-take/How long does a personal injury lawsuit take? Expert injury attorneys at The Law Office of Jason Tenenbaum explain.Tue, 18 Mar 2025 12:56:50 GMTFAQPersonal Injuryhttps://jtnylaw.com/2025/03/vicarious-liability-explained/https://jtnylaw.com/2025/03/vicarious-liability-explained/Learn how vicarious liability impacts personal injury cases and how our Long Island lawyers can help maximize your compensation.Fri, 14 Mar 2025 14:12:21 GMTPersonal Injuryhttps://jtnylaw.com/2025/03/long-island-dram-shop-liability-explained/https://jtnylaw.com/2025/03/long-island-dram-shop-liability-explained/Get expert legal analysis on long island dram shop liability liquor laws from The Law Office of Jason Tenenbaum, P.C.Thu, 13 Mar 2025 13:05:19 GMTPersonal Injuryhttps://jtnylaw.com/2025/03/what-to-do-slip-and-fall/https://jtnylaw.com/2025/03/what-to-do-slip-and-fall/Get a legal analysis on what do after after a slip and fall accident from expert personal injury attorneys.Tue, 11 Mar 2025 17:08:58 GMTFAQPersonal InjurySlip and Fall Injuryhttps://jtnylaw.com/2025/03/worth-getting-attorney-after-car-accident/https://jtnylaw.com/2025/03/worth-getting-attorney-after-car-accident/Is it worth getting an attorney after a car accident? Learn NY no-fault rules & benefits of legal help for fair compensation.Fri, 07 Mar 2025 14:00:00 GMTCar AccidentsFAQPersonal Injuryhttps://jtnylaw.com/2025/03/ozempic-lawsuit/https://jtnylaw.com/2025/03/ozempic-lawsuit/Learn about Ozempic lawsuit claims, side effects, and legal options. Get help with your Ozempic injury case from experienced attorneys.Mon, 03 Mar 2025 16:19:31 GMTPersonal Injuryhttps://jtnylaw.com/2025/02/ny-wage-and-hour-laws/https://jtnylaw.com/2025/02/ny-wage-and-hour-laws/New York wage and hour law updates: 2025 minimum wage changes, compliance strategies, and avoiding costly violations.Fri, 28 Feb 2025 14:19:00 GMTEmployment LawLost wageshttps://jtnylaw.com/2025/02/dashcams-your-silent-witness-in-a-car-accident/https://jtnylaw.com/2025/02/dashcams-your-silent-witness-in-a-car-accident/Dashcams: how they transform accident investigations, protect drivers' rights, and strengthen legal claims.Wed, 26 Feb 2025 14:01:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/02/ny-insurer-acting-in-bad-faith/https://jtnylaw.com/2025/02/ny-insurer-acting-in-bad-faith/Learn how insurers commit bad faith under NY's No-Fault Law and how to fight denied claims with legal strategies.Tue, 25 Feb 2025 14:00:00 GMTBad FaithNo-FaultPersonal Injuryhttps://jtnylaw.com/2025/02/how-to-file-a-lawsuit-against-your-employer/https://jtnylaw.com/2025/02/how-to-file-a-lawsuit-against-your-employer/Learn how to file a lawsuit against your employer with steps on rights, evidence, and legal help from expert attorneys.Fri, 21 Feb 2025 16:46:12 GMTEmployment Lawhttps://jtnylaw.com/2025/02/ny-spread-of-hours-rule/https://jtnylaw.com/2025/02/ny-spread-of-hours-rule/Learn how New York's spread of hours law affects worker pay. Expert insights on calculating extended workday compensation and compliance.Thu, 20 Feb 2025 14:00:00 GMTEmployment LawLost wageshttps://jtnylaw.com/2025/02/covid-vaccine-injury-claims-are-you-eligible/https://jtnylaw.com/2025/02/covid-vaccine-injury-claims-are-you-eligible/Explore vaccine injury claims: compensation, legal options, and challenges for those affected by rare complicationsWed, 19 Feb 2025 15:49:47 GMTPersonal Injuryhttps://jtnylaw.com/2025/02/recognizing-covert-harassment-at-work/https://jtnylaw.com/2025/02/recognizing-covert-harassment-at-work/Expert advice about workplace covert harassment: types, legal protections, and practical steps to address hidden mistreatment at work.Tue, 18 Feb 2025 15:09:07 GMTEmployment LawWorkplace Harassmenthttps://jtnylaw.com/2025/02/collateral-estoppel-in-new-york-no-fault/https://jtnylaw.com/2025/02/collateral-estoppel-in-new-york-no-fault/Discover how collateral estoppel affects NY no-fault claims and how new legal reforms protect your rights after a car accident.Fri, 14 Feb 2025 13:45:00 GMTcollateral estoppelNo-Faulthttps://jtnylaw.com/2025/02/forced-arbitration-laws/https://jtnylaw.com/2025/02/forced-arbitration-laws/Explores forced arbitration in discrimination claims, examining laws with the 2021 EFAA, impacting employee rights and employer policies.Tue, 11 Feb 2025 15:34:38 GMTArbitrationsEmployment Lawhttps://jtnylaw.com/2025/02/amazons-accident-lawyer/https://jtnylaw.com/2025/02/amazons-accident-lawyer/Expert Amazon accident lawyer legal strategies for victims of van crashes, securing compensation and holding corporations accountable.Mon, 10 Feb 2025 17:08:07 GMTPersonal Injuryhttps://jtnylaw.com/2025/02/personal-injury-how-to-turn-25k-into-100k/https://jtnylaw.com/2025/02/personal-injury-how-to-turn-25k-into-100k/Learn how to transform $25k into $100k with smart legal strategy. Expert tips on maximizing personal injury compensation in NY.Fri, 07 Feb 2025 14:06:00 GMTPersonal Injuryhttps://jtnylaw.com/2025/02/traumatic-brain-injuries-what-you-need-to-know-now/https://jtnylaw.com/2025/02/traumatic-brain-injuries-what-you-need-to-know-now/Learn how personal injury law protects TBI victims. Expert guidance on legal rights, compensation & the path to recovery after brain injury.Wed, 05 Feb 2025 14:01:00 GMTPersonal InjuryTraumatic Brain Injury (TBI)https://jtnylaw.com/2025/02/premises-liability-property-owners-hidden-responsibilities/https://jtnylaw.com/2025/02/premises-liability-property-owners-hidden-responsibilities/Premises liability laws establish property owners' responsibility to maintain safe conditions or warn of hazards.Mon, 03 Feb 2025 15:37:24 GMTPersonal InjuryPremises Liabilityhttps://jtnylaw.com/2025/01/how-to-handle-insurers-after-an-accident/https://jtnylaw.com/2025/01/how-to-handle-insurers-after-an-accident/Learn how to handle insurance companies after an accident. Expert tips on documentation, adjuster tactics, and protecting your claim from experienced Long Island attorneys.Thu, 30 Jan 2025 20:24:00 GMTFAQPersonal Injuryhttps://jtnylaw.com/2025/01/pregnancy-discrimination-rights-risks-and-realities/https://jtnylaw.com/2025/01/pregnancy-discrimination-rights-risks-and-realities/Explore pregnancy discrimination laws, landmark cases, and employer duties. Learn about legal protections, EEOC enforcement, and workplace rights for pregnant workers.Tue, 28 Jan 2025 15:23:18 GMTEmployment Lawhttps://jtnylaw.com/2025/01/dont-sign-the-check-insurance-settlements/https://jtnylaw.com/2025/01/dont-sign-the-check-insurance-settlements/Learn why quick insurance settlements can risk your financial future and how to protect your rights after an accident.Mon, 27 Jan 2025 21:33:29 GMTPersonal Injuryhttps://jtnylaw.com/2025/01/bus-accidents-causes-and-legal-repercussions/https://jtnylaw.com/2025/01/bus-accidents-causes-and-legal-repercussions/Comprehensive analysis of bus accident causes, legal implications, and prevention strategies. Learn key factors and solutions. #busaccidentsFri, 24 Jan 2025 16:55:22 GMTBus AccidentsPersonal Injuryhttps://jtnylaw.com/2025/01/trump-eeoc-executive-orders-employment-law/https://jtnylaw.com/2025/01/trump-eeoc-executive-orders-employment-law/New executive orders transform EEOC compliance, eliminating federal DEI programs and contractor requirements in 2025.Thu, 23 Jan 2025 17:25:47 GMTEmployment LawLegal Newshttps://jtnylaw.com/2025/01/distracted-driving-when-a-glance-becomes-a-claim/https://jtnylaw.com/2025/01/distracted-driving-when-a-glance-becomes-a-claim/Discover legal rights after a distracted driving accident. Learn evidence needed, common challenges, and how to build a strong injury claim.Wed, 22 Jan 2025 16:42:13 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2025/01/how-seatbelts-impact-injury-claims/https://jtnylaw.com/2025/01/how-seatbelts-impact-injury-claims/Discover how seatbelts uses impact personal injury claims after car accidents, affecting legal rights and potential compensation outcomes.Tue, 21 Jan 2025 14:35:55 GMTPersonal Injuryhttps://jtnylaw.com/2025/01/age-discrimination/https://jtnylaw.com/2025/01/age-discrimination/Learn about age discrimination on Long Island: legal protections, warning signs, and steps to fight workplace discrimination. Get help today.Mon, 20 Jan 2025 17:40:41 GMTAge DiscriminationEmployment Lawhttps://jtnylaw.com/2025/01/motorcycle-accident-long-island-what-you-need-to-know/https://jtnylaw.com/2025/01/motorcycle-accident-long-island-what-you-need-to-know/Learn about motorcycle accident claims, personal injury coverage, and no-fault insurance. Expert guide for riders seeking compensation.Wed, 15 Jan 2025 19:17:47 GMTMotorcycle AccidentsNo-FaultPersonal Injuryhttps://jtnylaw.com/2025/01/from-medical-error-to-legal-action-your-guide-to-malpractice-claims/https://jtnylaw.com/2025/01/from-medical-error-to-legal-action-your-guide-to-malpractice-claims/Learn about medical malpractice causes, legal steps, and patient rights. Expert guide from a trusted NY law firm. Free case review.Mon, 13 Jan 2025 18:17:21 GMTMedical MalpracticePersonal Injuryhttps://jtnylaw.com/2025/01/product-liability-who-pays-when-things-go-wrong/https://jtnylaw.com/2025/01/product-liability-who-pays-when-things-go-wrong/Discover how product liability law protects consumers from defective products, exploring defect types, legal foundations, strategies, and emerging tech issues.Fri, 10 Jan 2025 13:52:13 GMTConsumer ProtectionPersonal InjuryProduct Liabilityhttps://jtnylaw.com/2025/01/negligence-per-se-when-laws-trigger-liability/https://jtnylaw.com/2025/01/negligence-per-se-when-laws-trigger-liability/Learn how negligence per se simplifies injury claims by using safety law violations to prove fault automatically. Key elements & examples.Thu, 09 Jan 2025 14:01:04 GMTLegal ExpertisePersonal Injuryhttps://jtnylaw.com/2025/01/wrongful-termination-know-your-rights/https://jtnylaw.com/2025/01/wrongful-termination-know-your-rights/Learn about wrongful termination in Long Island: legal protections, steps to take, and how to fight back against unfair dismissal.Tue, 07 Jan 2025 15:12:16 GMTEmployment LawFAQhttps://jtnylaw.com/2025/01/remote-work-employment-law/https://jtnylaw.com/2025/01/remote-work-employment-law/Comprehensive guide to remote work employment law: regulations, contracts, safety, data security, discrimination & tax implications for employers.Mon, 06 Jan 2025 15:11:42 GMTEmployment LawFAQhttps://jtnylaw.com/2025/01/what-happens-if-you-miss-court/https://jtnylaw.com/2025/01/what-happens-if-you-miss-court/Miss court? Learn the serious penalties and how to avoid them with expert preparation tips. Protect your legal rights and case outcomes today.Fri, 03 Jan 2025 14:25:05 GMTFAQhttps://jtnylaw.com/2025/01/stop-wage-theft-reclaim-your-earned-pay/https://jtnylaw.com/2025/01/stop-wage-theft-reclaim-your-earned-pay/Learn how to identify and fight wage theft, understand your legal rights, and take action to recover unpaid wages in New York.Thu, 02 Jan 2025 14:22:36 GMTEmployment LawLost wageshttps://jtnylaw.com/2024/12/overturning-no-fault-denials-your-guide-to-winning-your-claim/https://jtnylaw.com/2024/12/overturning-no-fault-denials-your-guide-to-winning-your-claim/Learn how to fight no-fault insurance claim denials in NY. Get expert tips on appeals, arbitration & securing the benefits you deserve.Tue, 31 Dec 2024 14:42:26 GMTNo-Faulthttps://jtnylaw.com/2024/12/whistleblowers-exposing-discrimination-in-the-workplace/https://jtnylaw.com/2024/12/whistleblowers-exposing-discrimination-in-the-workplace/Learn how whistleblowers fight workplace discrimination, understand legal protections, and discover steps to report violations safely.Mon, 30 Dec 2024 15:17:20 GMTEmployment Lawhttps://jtnylaw.com/2024/12/workplace-discrimination-scars-on-minds-careers-and-lives/https://jtnylaw.com/2024/12/workplace-discrimination-scars-on-minds-careers-and-lives/Explore how workplace discrimination manifests and impacts mental health, from legal protections to recovery strategies.Fri, 27 Dec 2024 16:19:00 GMTEmployment LawWorkplace Harassmenthttps://jtnylaw.com/2024/12/pre-existing-injuries-and-accident-claims-know-your-rights/https://jtnylaw.com/2024/12/pre-existing-injuries-and-accident-claims-know-your-rights/Learn how pre-existing conditions affect personal injury claims & get tips to protect your rights when filing a claim after an accident.Tue, 24 Dec 2024 14:58:31 GMTFAQPersonal Injuryhttps://jtnylaw.com/2024/12/how-social-media-can-make-or-break-your-injury-claim/https://jtnylaw.com/2024/12/how-social-media-can-make-or-break-your-injury-claim/Discover how social media impacts personal injury claims, from evidence rules to privacy concerns. Learn essential tips to protect your case.Mon, 23 Dec 2024 15:53:47 GMTFAQPersonal Injuryhttps://jtnylaw.com/2024/12/hoffman-vs-dallas-hot-wieners-a-wage-and-workplace-rights-battle/https://jtnylaw.com/2024/12/hoffman-vs-dallas-hot-wieners-a-wage-and-workplace-rights-battle/Legal case: Rose Hoffman v. Dallas Hot Wieners details workplace harassment, wage violations & court rulings in NY Supreme Court case.Sat, 21 Dec 2024 00:11:37 GMTLegal NewsRecent Caseshttps://jtnylaw.com/2024/12/pain-and-suffering-damages-insights-for-personal-injury/https://jtnylaw.com/2024/12/pain-and-suffering-damages-insights-for-personal-injury/Learn how attorneys calculate pain and suffering damages in NYC injury cases, from workplace discrimination to personal injury compensation.Thu, 19 Dec 2024 19:04:48 GMTPersonal Injuryhttps://jtnylaw.com/2024/12/hostile-work-environment-claims-ny-employee-employers/https://jtnylaw.com/2024/12/hostile-work-environment-claims-ny-employee-employers/Learn about NY strict liability standards for workplace harassment, key court decisions, and legal solutions for hostile work environments.Wed, 18 Dec 2024 18:58:27 GMTEmployment Lawhttps://jtnylaw.com/2024/12/ny-cplr-2004-lessons-in-legal-precision-and-court-procedures/https://jtnylaw.com/2024/12/ny-cplr-2004-lessons-in-legal-precision-and-court-procedures/Learn how the Calderone v. Molloy College case impacts legal deadline extensions and what CPLR 2004 means for court filing procedures.Tue, 17 Dec 2024 18:39:13 GMTLegal ExpertiseStatute of Limitationshttps://jtnylaw.com/2024/12/workplace-harassment-the-hidden-costs-to-employee-retention/https://jtnylaw.com/2024/12/workplace-harassment-the-hidden-costs-to-employee-retention/Understand how workplace harassment drives employee turnover. Learn the legal protections, costs to companies, and steps to create safer work environments.Mon, 16 Dec 2024 18:31:29 GMTEmployment LawWorkplace Harassmenthttps://jtnylaw.com/2024/12/disability-rights-and-legal-protections-for-workers/https://jtnylaw.com/2024/12/disability-rights-and-legal-protections-for-workers/Explore how employment discrimination and disability rights laws protect American workers on Long Island and NY.Fri, 13 Dec 2024 19:32:17 GMTEmployment Lawhttps://jtnylaw.com/2024/12/a-legal-approach-to-workplace-culture-and-discrimination/https://jtnylaw.com/2024/12/a-legal-approach-to-workplace-culture-and-discrimination/Discover how bystander intervention can prevent workplace discrimination. Learn legal frameworks, implementation strategies, and the role of witnesses in creating fair workplaces.Thu, 12 Dec 2024 19:19:01 GMTEmployment Lawhttps://jtnylaw.com/2024/12/cracking-the-code-acupuncture-reimbursements-and-insurance-legalities-explained/https://jtnylaw.com/2024/12/cracking-the-code-acupuncture-reimbursements-and-insurance-legalities-explained/Explore the Forrest Chen v. GEICO case and its impact on acupuncture insurance reimbursements in NY. Key insights for providers and patients.Wed, 11 Dec 2024 18:33:16 GMTFee ScheduleLegal Expertisehttps://jtnylaw.com/2024/12/mastering-medical-expenses-in-personal-injury-claims/https://jtnylaw.com/2024/12/mastering-medical-expenses-in-personal-injury-claims/Learn about medical expenses after personal injury in NYC & Long Island. Expert guidance on documenting costs and maximizing compensation.Tue, 10 Dec 2024 18:26:45 GMTFAQPersonal InjuryTimely submissions of Billshttps://jtnylaw.com/2024/12/unraveling-the-complexity-of-emotional-distress-claims-in-personal-injury-cases/https://jtnylaw.com/2024/12/unraveling-the-complexity-of-emotional-distress-claims-in-personal-injury-cases/Understand emotional distress claims in personal injury cases. Learn how to prove psychological trauma and seek compensation in NYC & Long Island. Expert legal guidance.Mon, 09 Dec 2024 18:31:04 GMTLegal ExpertisePersonal Injuryhttps://jtnylaw.com/2024/11/public-notice/https://jtnylaw.com/2024/11/public-notice/Legal notice for class action lawsuit against Dr. Niranjan K. Mittal regarding unpaid wages, overtime, and spread of hours compensation for medical office employees.Wed, 27 Nov 2024 00:11:26 GMTPublic Noticeshttps://jtnylaw.com/2024/09/como-elegir-un-abogado-especializado-en-accidentes-de-trafico/https://jtnylaw.com/2024/09/como-elegir-un-abogado-especializado-en-accidentes-de-trafico/Guía completa para elegir un abogado de accidentes automovilísticos en Long Island. Aprenda qué buscar, errores a evitar y cómo encontrar representación legal efectiva.Thu, 12 Sep 2024 15:41:00 GMTCar AccidentsPersonal Injuryhttps://jtnylaw.com/2024/05/como-tratar-con-las-aseguradoras-despues-de-un-accidente/https://jtnylaw.com/2024/05/como-tratar-con-las-aseguradoras-despues-de-un-accidente/Guía completa sobre cómo tratar con aseguradoras tras un accidente. Estrategias, derechos y pasos esenciales para proteger sus intereses legales.Sun, 12 May 2024 15:41:37 GMTFAQPersonal Injuryhttps://jtnylaw.com/2024/05/que-ponerse-para-ir-a-la-corte/https://jtnylaw.com/2024/05/que-ponerse-para-ir-a-la-corte/Guía completa sobre qué vestirse para comparecer ante un tribunal en Nueva York. Consejos profesionales de vestimenta para hombres y mujeres en la corte.Sun, 12 May 2024 15:41:35 GMTFAQhttps://jtnylaw.com/2024/05/que-pasa-si-no-compareces-ante-el-tribunal/https://jtnylaw.com/2024/05/que-pasa-si-no-compareces-ante-el-tribunal/Consecuencias legales graves por no presentarse a la corte en Nueva York: multas, órdenes de arresto, sentencias en rebeldía y suspensión de licencia.Sun, 12 May 2024 15:41:33 GMTFAQhttps://jtnylaw.com/2024/05/vale-la-pena-contratar-a-un-abogado-despues-de-un-accidente-de-coche/https://jtnylaw.com/2024/05/vale-la-pena-contratar-a-un-abogado-despues-de-un-accidente-de-coche/¿Contratar abogado tras accidente? Guía completa sobre sistema sin culpa NY, cuándo necesita representación legal y cómo proteger sus derechos en Long Island.Sun, 12 May 2024 15:41:31 GMTCar AccidentsFAQPersonal Injuryhttps://jtnylaw.com/2024/05/como-presentar-una-demanda-contra-su-empleador/https://jtnylaw.com/2024/05/como-presentar-una-demanda-contra-su-empleador/Guía completa para presentar una demanda laboral contra su empleador en Long Island. Conozca sus derechos, recopile pruebas y los pasos legales necesarios.Sun, 12 May 2024 15:41:13 GMTEmployment Lawhttps://jtnylaw.com/2024/05/cuanto-tiempo-dura-una-demanda-laboral/https://jtnylaw.com/2024/05/cuanto-tiempo-dura-una-demanda-laboral/Descubra cuánto tiempo puede durar una demanda laboral en Nueva York, desde la presentación inicial hasta la resolución final, con factores que afectan los plazos.Sun, 12 May 2024 15:41:11 GMTEmployment LawFAQhttps://jtnylaw.com/2024/05/cuanto-tiempo-dura-una-demanda-por-lesiones-personales/https://jtnylaw.com/2024/05/cuanto-tiempo-dura-una-demanda-por-lesiones-personales/Descubre cuánto tiempo dura una demanda por lesiones personales en Nueva York, factores que influyen en los plazos y estrategias para acelerar tu caso.Sun, 12 May 2024 15:40:46 GMTFAQPersonal Injuryhttps://jtnylaw.com/2024/05/primeros-pasos-de-una-demanda-por-lesiones/https://jtnylaw.com/2024/05/primeros-pasos-de-una-demanda-por-lesiones/Descubra los primeros pasos para iniciar una demanda por lesiones en Nueva York: legitimación activa, identificación del responsable y categorías legales.Sun, 12 May 2024 15:40:45 GMTFAQhttps://jtnylaw.com/2024/04/no-fault-claim-verification-an-expert-review/https://jtnylaw.com/2024/04/no-fault-claim-verification-an-expert-review/Learn about NY no-fault insurance: claim filing steps, verification process, and recent case law affecting insurance carriers' verification rights.Mon, 29 Apr 2024 20:05:59 GMTNo-Faulthttps://jtnylaw.com/2024/04/new-yorks-judiciary-law-470-explained/https://jtnylaw.com/2024/04/new-yorks-judiciary-law-470-explained/Learn about New York Judiciary Law 470 office requirements for attorneys. Understand risks, recent developments, and compliance.Tue, 23 Apr 2024 23:48:25 GMTLegal Expertisehttps://jtnylaw.com/2024/04/specialized-vs-general-ai-for-law-firms/https://jtnylaw.com/2024/04/specialized-vs-general-ai-for-law-firms/Knowing when to use Specialized vs Generalized AI large language models for legal applicationsThu, 11 Apr 2024 21:25:00 GMTLegal Techhttps://jtnylaw.com/2023/09/is-a-dog-sitter-responsible-for-a-dog-bite-in-ny/https://jtnylaw.com/2023/09/is-a-dog-sitter-responsible-for-a-dog-bite-in-ny/Is a dog sitter responsible when their dog bites you in New York? Learn your rights and get expert legal help. Call 516-750-0595 for free consultation.Mon, 25 Sep 2023 21:25:58 GMTDog BitesFAQhttps://jtnylaw.com/2023/09/first-steps-of-a-injury-lawsuit/https://jtnylaw.com/2023/09/first-steps-of-a-injury-lawsuit/Learn the first steps to start an injury lawsuit in New York. Get expert legal guidance and a free consultation. Call 516-750-0595 today.Thu, 14 Sep 2023 20:53:00 GMTFAQhttps://jtnylaw.com/2023/08/general-insurance-v-piquing-no-fault-declaratory-judgment/https://jtnylaw.com/2023/08/general-insurance-v-piquing-no-fault-declaratory-judgment/No fault insurance claim denied in New York? Learn your rights and get expert legal help. Call 516-750-0595 for a free consultation today.Mon, 21 Aug 2023 19:57:09 GMTBrain Injurieshttps://jtnylaw.com/2023/08/country-wide-insurance-policy-exhaustion-no-fault/https://jtnylaw.com/2023/08/country-wide-insurance-policy-exhaustion-no-fault/What happens when your insurance policy is exhausted? Learn your rights and options. Get expert legal guidance. Call 516-750-0595 today.Mon, 21 Aug 2023 19:56:54 GMTUncategorizedhttps://jtnylaw.com/2023/08/nycrr-65-3-15-no-fault-insurance-regulations/https://jtnylaw.com/2023/08/nycrr-65-3-15-no-fault-insurance-regulations/Understanding NYCRR 65-3.15 and New York no-fault insurance regulations. Get expert legal help with policy exhaustion disputes. Call 516-750-0595 today.Mon, 21 Aug 2023 19:56:50 GMTBicycle Accidentshttps://jtnylaw.com/2023/06/policy-exhaustion-and-3-15/https://jtnylaw.com/2023/06/policy-exhaustion-and-3-15/Understanding policy exhaustion in New York no-fault insurance. Learn your rights when benefits reach limits. Get expert legal help - call 516-750-0595.Mon, 26 Jun 2023 01:33:27 GMTNo-Faulthttps://jtnylaw.com/2023/06/65-3-15-defense-must-be-made/https://jtnylaw.com/2023/06/65-3-15-defense-must-be-made/Understanding legal defenses in New York no-fault insurance cases. Learn how to protect your rights in litigation. Call 516-750-0595 for expert help.Mon, 26 Jun 2023 01:28:55 GMTNo-Faulthttps://jtnylaw.com/2023/06/declaratory-judgment-actions-and-motions-to-sever/https://jtnylaw.com/2023/06/declaratory-judgment-actions-and-motions-to-sever/Learn about declaratory judgment actions in NY no-fault insurance disputes. Understand your rights and get expert legal help. Call 516-750-0595 today.Mon, 26 Jun 2023 01:23:17 GMTNo-Faulthttps://jtnylaw.com/2023/06/euo-no-show-plain-and-to-the-point/https://jtnylaw.com/2023/06/euo-no-show-plain-and-to-the-point/Missing your EUO can end your no-fault claim. Learn why attendance is mandatory and how to protect your benefits. Call 516-750-0595 for help.Mon, 26 Jun 2023 01:00:27 GMTNo-Faulthttps://jtnylaw.com/2023/06/intentional-acts-summary-judgment/https://jtnylaw.com/2023/06/intentional-acts-summary-judgment/Involved in a staged car accident? Learn how insurance fraud affects coverage and your rights as an innocent victim. Call 516-750-0595 for legal help.Mon, 26 Jun 2023 00:48:33 GMTNo-Faulthttps://jtnylaw.com/2023/06/the-personal-vehicle-v-the-loaner-vehicle-who-pays/https://jtnylaw.com/2023/06/the-personal-vehicle-v-the-loaner-vehicle-who-pays/Understanding loaner vehicle insurance coverage in NY. Expert legal analysis of who pays for injuries. Call 516-750-0595 for free consultation.Mon, 26 Jun 2023 00:36:28 GMTNo-Faulthttps://jtnylaw.com/2023/06/another-priority-of-payment/https://jtnylaw.com/2023/06/another-priority-of-payment/Understanding NY no-fault priority of payment rules and how they affect your medical bills. Expert legal analysis. Call 516-750-0595 for consultation.Mon, 26 Jun 2023 00:21:14 GMTNo-Faulthttps://jtnylaw.com/2023/06/8751/https://jtnylaw.com/2023/06/8751/Understanding no-fault verification requirements and compliance standards in NY. Legal analysis of recent court decisions. Call 516-750-0595 for help.Mon, 26 Jun 2023 00:15:13 GMTNo-Faulthttps://jtnylaw.com/2023/06/more-objective-standards/https://jtnylaw.com/2023/06/more-objective-standards/Learn about objective standards for no-fault insurance examinations under oath on Long Island. Expert legal analysis from Jason Tenenbaum. Call 516-750-0595.Mon, 26 Jun 2023 00:05:35 GMTNo-Faulthttps://jtnylaw.com/2023/06/another-material-misrepresentation/https://jtnylaw.com/2023/06/another-material-misrepresentation/Learn how to defend against material misrepresentation claims in no-fault insurance. Expert legal analysis from Long Island attorney Jason Tenenbaum. Call 516-750-0595.Sun, 25 Jun 2023 23:57:07 GMTNo-Faulthttps://jtnylaw.com/2023/06/again-it-is-2-per-month-on-the-judgment/https://jtnylaw.com/2023/06/again-it-is-2-per-month-on-the-judgment/Learn about the 2% monthly post-judgment interest rate in no-fault insurance cases on Long Island. Expert legal analysis from Jason Tenenbaum. Call 516-750-0595.Sun, 25 Jun 2023 23:47:56 GMTNo-Faulthttps://jtnylaw.com/2023/06/the-excuse-to-complying-with-the-45-day-rule-in-inaction/https://jtnylaw.com/2023/06/the-excuse-to-complying-with-the-45-day-rule-in-inaction/Learn about MVAIC's strict 45-day rule and reasonable excuse standards for late submissions. Expert legal analysis from Long Island attorney Jason Tenenbaum. Call 516-750-0595.Sun, 25 Jun 2023 23:42:36 GMTNo-Faulthttps://jtnylaw.com/2022/11/self-imposed-rom-limitation/https://jtnylaw.com/2022/11/self-imposed-rom-limitation/Learn how range of motion limitations affect personal injury cases on Long Island. Expert medical evidence standards after Mahler v Lewis. Call 516-750-0595.Sat, 05 Nov 2022 21:47:15 GMTNo-Faulthttps://jtnylaw.com/2022/09/what-is-personal-knowledge/https://jtnylaw.com/2022/09/what-is-personal-knowledge/Learn about personal knowledge requirements in no-fault insurance legal testimony on Long Island. EUO standards and evidence rules. Call 516-750-0595.Sat, 01 Oct 2022 01:13:46 GMTNo-Faulthttps://jtnylaw.com/2022/09/the-cplr-3212-paradigm/https://jtnylaw.com/2022/09/the-cplr-3212-paradigm/Learn about CPLR 3212(g) applications in New York civil procedure. Summary judgment and mailing presumption rules for Long Island practitioners. Call 516-750-0595.Sat, 01 Oct 2022 00:53:04 GMTNo-Faulthttps://jtnylaw.com/2022/09/statute-of-limitations-6-years-when-denial-is-received/https://jtnylaw.com/2022/09/statute-of-limitations-6-years-when-denial-is-received/Learn when the 6-year statute of limitations starts for no-fault insurance claims in NY. Expert legal guidance from JT Law. Call 516-750-0595.Fri, 30 Sep 2022 23:35:16 GMTNo-Faulthttps://jtnylaw.com/2022/09/reasonable-justification-for-late-submission/https://jtnylaw.com/2022/09/reasonable-justification-for-late-submission/Learn what constitutes reasonable justification for late MVAIC submissions in NY. Don't miss this critical requirement. Call 516-750-0595.Sun, 25 Sep 2022 23:32:03 GMTNo-Faulthttps://jtnylaw.com/2022/09/it-is-personal-knowledge-again/https://jtnylaw.com/2022/09/it-is-personal-knowledge-again/Learn about personal knowledge requirements for EUO no-show affidavits in NY no-fault cases. Expert analysis from JT Law. Call 516-750-0595.Sun, 25 Sep 2022 23:28:24 GMTNo-Faulthttps://jtnylaw.com/2022/09/the-declaratory-judgment-order-v/https://jtnylaw.com/2022/09/the-declaratory-judgment-order-v/Court rules that timing matters in no-fault litigation when declaratory judgment orders conflict with civil court proceedings - first in time, first in right principle applies.Sun, 25 Sep 2022 23:23:45 GMTNo-Faulthttps://jtnylaw.com/2022/08/when-interest-clearly-does-not-matter/https://jtnylaw.com/2022/08/when-interest-clearly-does-not-matter/Florida court cases demonstrate de minimis principle where $4.17 interest disputes are deemed too trivial for litigation, highlighting broader PIP system challenges.Thu, 18 Aug 2022 21:53:28 GMTNo-Faulthttps://jtnylaw.com/2022/07/80-of-the-billed-amount-can-be/https://jtnylaw.com/2022/07/80-of-the-billed-amount-can-be/Florida appeals court ruling on Progressive vs Back on Track regarding 80% PIP reimbursement rates and statutory schedule of maximum charges interpretation.Sun, 31 Jul 2022 00:24:03 GMTNo-Faulthttps://jtnylaw.com/2022/07/8711/https://jtnylaw.com/2022/07/8711/Court validates hybrid approach to no-fault reimbursement using both fee schedules and reasonable charges. New York and Long Island no-fault defense analysis.Sun, 31 Jul 2022 00:06:20 GMTNo-Faulthttps://jtnylaw.com/2022/07/the-failure-to-comply-with-record-keeping-requirements/https://jtnylaw.com/2022/07/the-failure-to-comply-with-record-keeping-requirements/Florida court rules that record keeping violations don't justify denying claims when treatments are medically necessary. Long Island no-fault defense analysis.Sat, 30 Jul 2022 23:51:04 GMTNo-Faulthttps://jtnylaw.com/2022/07/competing-assignees/https://jtnylaw.com/2022/07/competing-assignees/Florida court case examining the English Rule of priority between competing assignees in no-fault insurance claims, distinguishing assignees from insureds in payment order disputes.Sat, 30 Jul 2022 23:43:42 GMTNo-Faulthttps://jtnylaw.com/2022/07/fla-pre-suit-requirement-is-more-demanding-than-thought/https://jtnylaw.com/2022/07/fla-pre-suit-requirement-is-more-demanding-than-thought/Florida's demanding pre-suit requirements for PIP claims now require precision in demand letters, moving beyond substantial compliance to exact amounts.Sat, 30 Jul 2022 23:10:17 GMTNo-Faulthttps://jtnylaw.com/2022/07/fla-35-day-timely-submission/https://jtnylaw.com/2022/07/fla-35-day-timely-submission/Florida's 35-day billing submission rule compared to NY's 45-day requirement - appellate court ruling against providers and strategic considerations for attorneys.Sat, 30 Jul 2022 22:57:23 GMTNo-Faulthttps://jtnylaw.com/2022/07/can-an-insurance-carrier-sue-for-overpaid-pip-attorneys-fees/https://jtnylaw.com/2022/07/can-an-insurance-carrier-sue-for-overpaid-pip-attorneys-fees/New Jersey court rules insurance carriers cannot sue attorneys for "overpaid" PIP fees under IFPA when payments were regulatory penalties, not policy benefits.Sat, 30 Jul 2022 22:34:13 GMTNo-Faulthttps://jtnylaw.com/2022/07/the-ins-law-5106c-trial-de-novo/https://jtnylaw.com/2022/07/the-ins-law-5106c-trial-de-novo/Learn about Ins Law 5106(c) trial de novo proceedings in NY no-fault insurance disputes. Expert insights on litigation strategy and settlement tactics.Thu, 14 Jul 2022 01:20:42 GMTNo-Faulthttps://jtnylaw.com/2022/07/8683/https://jtnylaw.com/2022/07/8683/New York no-fault case shows how healthcare providers can justify failure to comply with insurance verification requests during claims processing.Thu, 14 Jul 2022 00:56:59 GMTNo-Faulthttps://jtnylaw.com/2022/07/the-if-i-was-there-euo-dance/https://jtnylaw.com/2022/07/the-if-i-was-there-euo-dance/Court decision analyzing EUO no-show affirmations in no-fault insurance cases, questioning sufficiency standards under Parisien v Ameriprise ruling.Thu, 14 Jul 2022 00:47:11 GMTNo-Faulthttps://jtnylaw.com/2022/07/acupuncture/https://jtnylaw.com/2022/07/acupuncture/Court rules State Farm properly paid acupuncture claims using workers' compensation fee schedule for chiropractor services under New York no-fault insurance law.Thu, 14 Jul 2022 00:40:37 GMTNo-Faulthttps://jtnylaw.com/2022/07/insufficient-excuse/https://jtnylaw.com/2022/07/insufficient-excuse/Court rules medical provider failed to justify submitting no-fault claim to wrong insurer, despite claim form allegedly bearing correct carrier's information.Thu, 14 Jul 2022 00:37:19 GMTNo-Faulthttps://jtnylaw.com/2022/07/mutual-rescheduling-and-its-risks/https://jtnylaw.com/2022/07/mutual-rescheduling-and-its-risks/Learn how mutual rescheduling of EUOs can impact disclaimer timeliness in NY no-fault cases. Long Island court ruling shows risks when insurers can't prove rescheduling.Thu, 14 Jul 2022 00:28:23 GMTNo-Faulthttps://jtnylaw.com/2022/07/a-medical-necessity-a-beating/https://jtnylaw.com/2022/07/a-medical-necessity-a-beating/Court ruling on no-fault insurance benefits case where plaintiff successfully obtained summary judgment for unpaid medical bills totaling $44,573.86.Thu, 07 Jul 2022 23:20:44 GMTNo-Faulthttps://jtnylaw.com/2022/07/danger-of-rescheduling-an-euo-after-the-second-no-show/https://jtnylaw.com/2022/07/danger-of-rescheduling-an-euo-after-the-second-no-show/New York court ruling warns insurance companies against rescheduling EUOs after second no-shows, potentially waiving denial rights in no-fault claims.Thu, 07 Jul 2022 22:09:54 GMTNo-Faulthttps://jtnylaw.com/2022/07/post-euo-demands/https://jtnylaw.com/2022/07/post-euo-demands/State Farm v Burke Physical Therapy case analysis on post-EUO document demands and verification requirements under New York no-fault insurance law.Thu, 07 Jul 2022 21:58:46 GMTNo-Faulthttps://jtnylaw.com/2022/05/certified-transcripts/https://jtnylaw.com/2022/05/certified-transcripts/New York appellate court clarifies when certified EUO transcripts establish non-appearance, highlighting the importance of personal knowledge in affidavit testimony.Sun, 08 May 2022 21:37:20 GMTNo-Faulthttps://jtnylaw.com/2022/05/nf2-v-nf3-v-no-attempt-to-find-the-assignor/https://jtnylaw.com/2022/05/nf2-v-nf3-v-no-attempt-to-find-the-assignor/Analysis of AB Quality Health Supply Corp. v Nationwide Ins. case examining EUO notice requirements, address discrepancies between NF-2 and NF-3 forms, and practical litigation strategies.Sun, 08 May 2022 21:33:38 GMTNo-Faulthttps://jtnylaw.com/2022/05/euos-and-bust-statements/https://jtnylaw.com/2022/05/euos-and-bust-statements/Court rules EUO transcripts inadmissible as business records under CPLR 4518(a) when no examination occurred, highlighting evidentiary standards in no-fault cases.Sun, 08 May 2022 21:27:15 GMTNo-Faulthttps://jtnylaw.com/2022/04/the-one-orthopedist-rule/https://jtnylaw.com/2022/04/the-one-orthopedist-rule/New York court ruling on medical examination limits in no-fault cases - when defendants can require additional IMEs and plaintiff protections against bias.Tue, 19 Apr 2022 00:16:45 GMTNo-Faulthttps://jtnylaw.com/2022/04/untimely-4404a-motion/https://jtnylaw.com/2022/04/untimely-4404a-motion/Court reinstated $1.2M verdict after defendants' untimely CPLR 4404(a) motion failed due to missing 15-day deadline without good cause shown for delay.Tue, 19 Apr 2022 00:07:01 GMTNo-Faulthttps://jtnylaw.com/2022/04/not-denying-in-30-days-proves-fatal/https://jtnylaw.com/2022/04/not-denying-in-30-days-proves-fatal/New York court rules insurer's 30-day denial deadline is fatal when examination under oath request comes too late, highlighting arbitration standards.Tue, 19 Apr 2022 00:00:24 GMTNo-Faulthttps://jtnylaw.com/2022/03/conditional-order-of-preclusion-absolves-a-willfulness-inquiry/https://jtnylaw.com/2022/03/conditional-order-of-preclusion-absolves-a-willfulness-inquiry/Court ruling clarifies that conditional discovery orders eliminate the need to prove willful conduct when imposing sanctions for non-compliance.Wed, 23 Mar 2022 22:34:51 GMTNo-Faulthttps://jtnylaw.com/2022/03/sufficient-for-a-default/https://jtnylaw.com/2022/03/sufficient-for-a-default/Analysis of State Farm v AK Global Supply Corp. case examining prima facie standards for proving staged accidents in New York no-fault insurance claims and EUO timing requirements.Sun, 20 Mar 2022 03:32:01 GMTNo-Faulthttps://jtnylaw.com/2022/03/yet-another-verification/https://jtnylaw.com/2022/03/yet-another-verification/Nassau County court finds no-fault insurance verification demands unclear, denies carrier's summary judgment motion for disclaimer validity in State Farm v Burke Physical Therapy case.Sun, 20 Mar 2022 03:23:47 GMTNo-Faulthttps://jtnylaw.com/2022/03/causation-defense-fails-when-rom-diminishment-not-explained/https://jtnylaw.com/2022/03/causation-defense-fails-when-rom-diminishment-not-explained/Fourth Department ruling shows defendants can't defeat causation claims by simply alleging pre-existing conditions without explaining why range of motion decreased post-accident.Sun, 20 Mar 2022 03:14:22 GMTNo-Faulthttps://jtnylaw.com/2022/03/interest/https://jtnylaw.com/2022/03/interest/Court ruling on no-fault insurance judgment interest rates: 2% monthly vs 9% yearly under Insurance Law § 5106(a) and former 11 NYCRR 65.15(h) regulations.Tue, 08 Mar 2022 01:17:38 GMTNo-Faulthttps://jtnylaw.com/2022/03/staged-accident-fraud/https://jtnylaw.com/2022/03/staged-accident-fraud/Learn about staged accident fraud in NY no-fault insurance cases. Court analysis of intentional collision factors including policy age, inconsistent testimony, and party relationships.Tue, 08 Mar 2022 01:12:32 GMTNo-Faulthttps://jtnylaw.com/2022/02/5102d-and-pain/https://jtnylaw.com/2022/02/5102d-and-pain/Court ruling on serious injury threshold where defense expert's failure to address absence of pre-accident pain undermines degenerative condition defense in NY no-fault case.Sat, 19 Feb 2022 22:55:48 GMTNo-Faulthttps://jtnylaw.com/2022/02/i-think-unitrin-was-wrongly-decided/https://jtnylaw.com/2022/02/i-think-unitrin-was-wrongly-decided/Analysis of American Trust Ins. Co. v Acosta decision challenging Unitrin precedent on medical examination failures in New York no-fault insurance cases.Sat, 19 Feb 2022 04:02:09 GMTNo-Faulthttps://jtnylaw.com/2022/02/a-good-third-party-vendor-can-prove-mailing/https://jtnylaw.com/2022/02/a-good-third-party-vendor-can-prove-mailing/Court ruling shows third party vendor TrackRight reports can establish proper mailing procedures for RPAPL 1304 compliance in foreclosure cases.Sat, 19 Feb 2022 03:50:06 GMTNo-Faulthttps://jtnylaw.com/2022/02/pa-notice-rule/https://jtnylaw.com/2022/02/pa-notice-rule/Analysis of Pennsylvania notice-prejudice rule applied to NY no-fault cases, examining choice of law issues when out-of-state insurers provide coverage under New York's deemer statute.Sat, 19 Feb 2022 03:07:04 GMTNo-Faulthttps://jtnylaw.com/2022/02/cplr-3215c-and-5015a/https://jtnylaw.com/2022/02/cplr-3215c-and-5015a/Attorney Jason Tenenbaum analyzes a procedural error in default judgment timing under CPLR 3215(c) and questions whether courts can overlook mandatory jurisdictional requirements.Sat, 19 Feb 2022 03:00:56 GMTNo-Faulthttps://jtnylaw.com/2022/02/the-reasonably-convenient-euo/https://jtnylaw.com/2022/02/the-reasonably-convenient-euo/New York no-fault insurance case examining "reasonably convenient" EUO scheduling requirements and triable issues of fact in summary judgment motions.Sat, 19 Feb 2022 02:42:34 GMTNo-Faulthttps://jtnylaw.com/2022/02/the-untimely-motion-for-summary-judgment/https://jtnylaw.com/2022/02/the-untimely-motion-for-summary-judgment/Learn about timely motion deadlines in NY no-fault cases. Court ruling clarifies when summary judgment motions are considered served under CPLR rules.Sat, 19 Feb 2022 02:39:12 GMTNo-Faulthttps://jtnylaw.com/2021/12/when-is-the-location-of-the-euo-reasonable/https://jtnylaw.com/2021/12/when-is-the-location-of-the-euo-reasonable/Learn when EUO locations are considered reasonably convenient under NY no-fault insurance law, including virtual options and accommodation requirements.Sun, 19 Dec 2021 04:19:37 GMTNo-Faulthttps://jtnylaw.com/2021/12/licensure/https://jtnylaw.com/2021/12/licensure/New York no-fault insurance licensure requirements for healthcare providers under 11 NYCRR 65-3.16(a)(12) - compliance issues and billing eligibility analysis.Sun, 19 Dec 2021 04:12:17 GMTNo-Faulthttps://jtnylaw.com/2021/12/when-an-insured-becomes-a-self-insured-when-it-sees-fit/https://jtnylaw.com/2021/12/when-an-insured-becomes-a-self-insured-when-it-sees-fit/New York court case explores when self-insured vehicles use third-party administrators and applicable statute of limitations for no-fault claims.Sun, 19 Dec 2021 03:59:55 GMTNo-Faulthttps://jtnylaw.com/2021/12/unitrin-and-lincoln-general-again/https://jtnylaw.com/2021/12/unitrin-and-lincoln-general-again/Island Life Chiropractic v 21st Century case review: EUO failure, 30-day denial deadlines, and Unitrin defense preclusion in New York no-fault insurance claims.Sun, 19 Dec 2021 03:51:38 GMTNo-Faulthttps://jtnylaw.com/2021/12/the-new-york-experience-at-the-appellate-courts-from-a-pip-perspective-my-end-of-year-observations/https://jtnylaw.com/2021/12/the-new-york-experience-at-the-appellate-courts-from-a-pip-perspective-my-end-of-year-observations/New York appellate court observations from a PIP attorney's perspective on rising appeal costs, electronic filing needs, and procedural challenges in 2021.Sun, 19 Dec 2021 02:31:57 GMTNo-Faulthttps://jtnylaw.com/2021/11/29-million/https://jtnylaw.com/2021/11/29-million/$29 million jury verdict for teen catastrophically burned in NYC school chemistry class fire - third-degree burns to 31% of body, multiple surgeries, skin graftsWed, 24 Nov 2021 21:54:45 GMTNo-Faulthttps://jtnylaw.com/2021/11/agency-for-subrogation-purposes/https://jtnylaw.com/2021/11/agency-for-subrogation-purposes/Court ruling on insurer subrogation rights and agency law in NY no-fault cases, establishing when subrogation accrues and notice requirements to carriers.Wed, 10 Nov 2021 23:09:13 GMTNo-Faulthttps://jtnylaw.com/2021/11/it-is-not-a-doc-in-the-box/https://jtnylaw.com/2021/11/it-is-not-a-doc-in-the-box/Court rules insufficient evidence to prove DME supplier lacked licensing, highlighting burden of proof standards in New York no-fault insurance defense cases.Wed, 10 Nov 2021 22:53:22 GMTNo-Faulthttps://jtnylaw.com/2021/11/unitrin-celebrated-its-10th-birthday-this-year/https://jtnylaw.com/2021/11/unitrin-celebrated-its-10th-birthday-this-year/A routine no-fault insurance case highlights two key defense strategies - EUO non-appearance and staged accident claims - while marking Unitrin's 10th anniversary.Wed, 10 Nov 2021 22:47:08 GMTNo-Faulthttps://jtnylaw.com/2021/10/interst-ing/https://jtnylaw.com/2021/10/interst-ing/Florida court affirms trial court ruling on no-fault insurance interest calculation dispute, applying de minimis doctrine to $4.17 controversy despite Progressive's error.Fri, 22 Oct 2021 03:20:15 GMTNo-Faulthttps://jtnylaw.com/2021/10/proposal-for-settlement/https://jtnylaw.com/2021/10/proposal-for-settlement/Florida court upholds $76,000 attorney fee award under Rule 1.442 proposal for settlement in PIP case, with implications for New York no-fault practice.Tue, 19 Oct 2021 00:16:39 GMTNo-Faulthttps://jtnylaw.com/2021/10/evidence-the-mri-report/https://jtnylaw.com/2021/10/evidence-the-mri-report/Analysis of MRI evidence admissibility in New York no-fault cases, examining Madia v Garcia ruling and challenges with NY's evidentiary system for personal injury practitioners.Sat, 16 Oct 2021 22:22:44 GMTNo-Faulthttps://jtnylaw.com/2021/10/mppr-reductions/https://jtnylaw.com/2021/10/mppr-reductions/Florida's 4th DCA ruled Progressive can apply Medicare's MPPR reductions to chiropractor bills despite Medicare not covering chiropractic services at all.Fri, 08 Oct 2021 01:03:04 GMTNo-Faulthttps://jtnylaw.com/2021/09/time-period/https://jtnylaw.com/2021/09/time-period/Learn about CPLR filing requirements and time periods in New York courts. Expert analysis of Miller v Annucci case on notice of appeal filing deadlines and mailbox rule exceptions.Tue, 14 Sep 2021 19:52:04 GMTNo-Faulthttps://jtnylaw.com/2021/09/80-of-200-of-medicare/https://jtnylaw.com/2021/09/80-of-200-of-medicare/Florida court rules GEICO must pay 80% of 200% of fee schedule, not 80% of billed amount, resulting in $100K attorney fee award on PIP claim.Sat, 11 Sep 2021 22:36:32 GMTNo-Faulthttps://jtnylaw.com/2021/09/a-resubmission-does-not-restart-the-pay-or-deny-clock/https://jtnylaw.com/2021/09/a-resubmission-does-not-restart-the-pay-or-deny-clock/New York no-fault insurance ruling: resubmitted bills don't restart the 30-day pay or deny clock for duplicate claims under insurance regulations.Sat, 11 Sep 2021 22:23:28 GMTNo-Faulthttps://jtnylaw.com/2021/08/80-of-200-of-medicare-part-b/https://jtnylaw.com/2021/08/80-of-200-of-medicare-part-b/Florida appeals court addresses complex PIP fee schedule calculations when billed amounts fall below 80% of maximum allowable charges, creating strategic payment options for insurers.Sat, 21 Aug 2021 22:48:54 GMTNo-Faulthttps://jtnylaw.com/2021/08/reasonableness-of-charges-fla/https://jtnylaw.com/2021/08/reasonableness-of-charges-fla/Florida case examining reasonableness of medical charges in auto insurance claims, with implications for New York no-fault and third-party litigation practice.Sat, 21 Aug 2021 22:42:46 GMTNo-Faulthttps://jtnylaw.com/2021/08/reasonable-excuse-default/https://jtnylaw.com/2021/08/reasonable-excuse-default/Court finds insurance company established reasonable excuse for default by demonstrating detailed record-keeping practices that would have captured service of process.Sat, 21 Aug 2021 21:34:09 GMTNo-Faulthttps://jtnylaw.com/2021/08/is-a-pip-ime-hearsay/https://jtnylaw.com/2021/08/is-a-pip-ime-hearsay/Analysis of PIP IME hearsay admissibility in New York no-fault insurance cases, comparing precedent with Florida's evolving appellate court decisions.Fri, 06 Aug 2021 17:27:30 GMTNo-Faulthttps://jtnylaw.com/2021/07/appellate-term-fiction/https://jtnylaw.com/2021/07/appellate-term-fiction/Appellate Term Court creates questionable precedent on severance in no-fault insurance cases involving multiple accidents, departing from established law.Sat, 31 Jul 2021 21:30:49 GMTNo-Faulthttps://jtnylaw.com/2021/07/use-the-israel-form-databank-when-in-doubt/https://jtnylaw.com/2021/07/use-the-israel-form-databank-when-in-doubt/Learn why precise stipulation language is crucial in no-fault insurance cases and when clerk's judgment entries require additional court motions in New York.Sat, 31 Jul 2021 21:25:05 GMTNo-Faulthttps://jtnylaw.com/2021/07/lost-wages-and-first-party-to-arbitrate-or-to-litigate/https://jtnylaw.com/2021/07/lost-wages-and-first-party-to-arbitrate-or-to-litigate/New York no-fault lost wages cases: when to arbitrate vs litigate for first-party claims. Expert analysis of NF-6 workers, evidentiary issues, and medical complications.Tue, 27 Jul 2021 21:52:07 GMTNo-Faulthttps://jtnylaw.com/2021/07/a-civil-procedure-lesson-in-the-form-of-a-no-fault-case-post-judgment-rate-of-interest-is-2/https://jtnylaw.com/2021/07/a-civil-procedure-lesson-in-the-form-of-a-no-fault-case-post-judgment-rate-of-interest-is-2/Learn how post-judgment interest rates work in New York no-fault cases through B.Z. Chiropractic v Allstate, covering Civil Court procedures and appellate review.Thu, 22 Jul 2021 19:29:04 GMTNo-Faulthttps://jtnylaw.com/2021/07/euo-condition-precedent-in-fla/https://jtnylaw.com/2021/07/euo-condition-precedent-in-fla/Florida court upholds EUO as condition precedent in no-fault case, rejecting provider's argument that overdue bills discharge insured's duty to appear.Mon, 19 Jul 2021 02:20:17 GMTNo-Faulthttps://jtnylaw.com/2021/07/respond-at-your-own-peril/https://jtnylaw.com/2021/07/respond-at-your-own-peril/Court ruling on whether emails satisfy CPLR 2104 writing requirements in settlement agreements, analyzing Forcelli precedent and signature standards.Mon, 12 Jul 2021 22:10:10 GMTNo-Faulthttps://jtnylaw.com/2021/07/preclusion/https://jtnylaw.com/2021/07/preclusion/Learn about preclusion rules in NY no-fault insurance law, including Fair Price family issues, material misrepresentation defenses, and how timely disclaimers work.Wed, 07 Jul 2021 20:19:58 GMTNo-Faulthttps://jtnylaw.com/2021/07/would-you-have-appealed-as-a-plaintiff/https://jtnylaw.com/2021/07/would-you-have-appealed-as-a-plaintiff/Personal injury attorney examines appellate strategy in Nieva-Silvera v Katz, where plaintiff successfully appealed $2M verdict to secure additional $570K damages.Wed, 07 Jul 2021 19:06:12 GMTNo-Faulthttps://jtnylaw.com/2021/06/manual-muscle-testing-from-the-4th-dca/https://jtnylaw.com/2021/06/manual-muscle-testing-from-the-4th-dca/4th DCA ruling on manual muscle testing CPT codes in no-fault insurance - provider failed to justify unbundling evaluation codes with required documentationThu, 24 Jun 2021 19:57:18 GMTNo-Faulthttps://jtnylaw.com/2021/06/not-at-200-in-florida-what-happens/https://jtnylaw.com/2021/06/not-at-200-in-florida-what-happens/Florida court rules on no-fault insurance payment calculations when provider bills less than 80% of 200% Medicare rates in Geico v. Muransky case.Thu, 24 Jun 2021 19:07:32 GMTNo-Faulthttps://jtnylaw.com/2021/06/equitable-estoppel-domotor-light/https://jtnylaw.com/2021/06/equitable-estoppel-domotor-light/Florida court affirms equitable estoppel doctrine when insurer wrongly denied PIP coverage then changed tactics after discovering their error in no-fault case.Tue, 22 Jun 2021 20:05:06 GMTNo-Faulthttps://jtnylaw.com/2021/06/bad-faith-averted-for-another-year/https://jtnylaw.com/2021/06/bad-faith-averted-for-another-year/New York bad faith insurance claims face legislative challenges despite progressive majority. Analysis of third-party vs first-party bad faith standards and actionable carrier behaviors.Wed, 16 Jun 2021 01:32:39 GMTNo-Faulthttps://jtnylaw.com/2021/06/verification-mri/https://jtnylaw.com/2021/06/verification-mri/Court ruling on MRI verification requirements in no-fault cases, addressing provider demands for reproduction costs and insurer verification rights.Fri, 11 Jun 2021 17:47:21 GMTNo-Faulthttps://jtnylaw.com/2021/06/when-many-new-court-of-appeals-judge-is-a-former-prosecutor/https://jtnylaw.com/2021/06/when-many-new-court-of-appeals-judge-is-a-former-prosecutor/New York Court of Appeals judges with prosecutor backgrounds handling civil insurance and personal injury cases - analysis of impact on consumer protection and legal decisions.Fri, 11 Jun 2021 04:45:01 GMTNo-Faulthttps://jtnylaw.com/2021/06/the-cuomo-toll/https://jtnylaw.com/2021/06/the-cuomo-toll/Court decision on COVID-19 executive order tolling periods for legal actions in New York, covering March 2020 to November 2020 statute of limitations suspensions.Fri, 04 Jun 2021 19:24:02 GMTNo-Faulthttps://jtnylaw.com/2021/06/205-toll/https://jtnylaw.com/2021/06/205-toll/Analysis of U.S. Bank N.A. v Jalas ruling on CPLR 3215(c) dismissals and seven-year delays in default judgment motions under New York law.Fri, 04 Jun 2021 19:16:54 GMTNo-Faulthttps://jtnylaw.com/2021/06/intention-act-on-default/https://jtnylaw.com/2021/06/intention-act-on-default/Court ruling on intentional acts and default judgments in New York no-fault insurance staged accident cases, with claims representative affidavits as evidence.Fri, 04 Jun 2021 19:13:24 GMTNo-Faulthttps://jtnylaw.com/2021/06/nj-transit-is-estopped-from-relying-on-hyatt/https://jtnylaw.com/2021/06/nj-transit-is-estopped-from-relying-on-hyatt/NY appellate court rules NJ Transit waived Eleventh Amendment immunity defense in no-fault insurance case, preventing federal sovereign immunity claims.Fri, 04 Jun 2021 19:06:47 GMTNo-Faulthttps://jtnylaw.com/2021/06/another-mailing-again/https://jtnylaw.com/2021/06/another-mailing-again/New York court ruling shows evolution in no-fault insurance mailing requirements, moving away from strict "duty to ensure compliance" standard for claims examiners.Fri, 04 Jun 2021 18:53:26 GMTNo-Faulthttps://jtnylaw.com/2021/05/be-careful-what-you-wish-for/https://jtnylaw.com/2021/05/be-careful-what-you-wish-for/Florida PIP case examines filing fee strategy where GEICO confessed judgment to block amendment attempts after low-value complaint filing in Alliance Spine v GEICO.Wed, 26 May 2021 17:25:54 GMTProcedural Issueshttps://jtnylaw.com/2021/05/new-judges-at-the-appellate-division/https://jtnylaw.com/2021/05/new-judges-at-the-appellate-division/Personal injury attorney Jason Tenenbaum shares his insights on new Appellate Division judges, including Justice LaSalle and Justice Higgitt's promotions.Wed, 26 May 2021 17:01:04 GMTNo-Faulthttps://jtnylaw.com/2021/05/ime-no-show-is-a-policy-defense-triggering-the-hourly-attorney-fee-provision/https://jtnylaw.com/2021/05/ime-no-show-is-a-policy-defense-triggering-the-hourly-attorney-fee-provision/Learn how IME no-show defenses trigger hourly attorney fee provisions in NY no-fault insurance. Court rules failure to attend IME is policy defense.Sat, 22 May 2021 07:36:28 GMTCoveragehttps://jtnylaw.com/2021/05/significant-limitation-v-permanent-consequential-again/https://jtnylaw.com/2021/05/significant-limitation-v-permanent-consequential-again/New York court ruling creates apparent contradiction in no-fault threshold requirements for significant limitation vs. permanent consequential limitation cases.Sat, 22 May 2021 07:16:32 GMT5102(d) issueshttps://jtnylaw.com/2021/05/another-discovery/https://jtnylaw.com/2021/05/another-discovery/Appellate Term ruling on discovery objections shows courts won't disturb trial court discretion when defendants fail to timely object within CPLR's 20-day period.Sat, 22 May 2021 07:11:29 GMTDiscoveryhttps://jtnylaw.com/2021/05/the-nf-2-does-not-matter/https://jtnylaw.com/2021/05/the-nf-2-does-not-matter/NY appeals court clarifies EUO scheduling requirements in no-fault insurance cases, ruling that timely denials within 30 days don't require NF-2 form receipt.Sat, 22 May 2021 07:02:52 GMTNo-Faulthttps://jtnylaw.com/2021/05/simple-addition-is-insufficient/https://jtnylaw.com/2021/05/simple-addition-is-insufficient/NY court rules simple addition insufficient to prove proper fee schedule calculations in no-fault insurance case, requiring detailed evidence of code utilization.Sat, 22 May 2021 06:57:52 GMTFee ScheduleIME issueshttps://jtnylaw.com/2021/05/8460/https://jtnylaw.com/2021/05/8460/Court ruling clarifies that insurers cannot enforce EUO requests sent more than 30 days after receiving claims, making late requests nullities under New York no-fault law.Sat, 22 May 2021 06:54:16 GMTEUO issueshttps://jtnylaw.com/2021/05/why-sir-that-is-illogical/https://jtnylaw.com/2021/05/why-sir-that-is-illogical/Analysis of Unitrin v Dowd case ruling that EUO no-shows void entire no-fault insurance policies ab initio, questioning the logic and consistency of this approach.Sat, 22 May 2021 06:51:41 GMTNo-Faulthttps://jtnylaw.com/2021/05/the-unreasonable-euo/https://jtnylaw.com/2021/05/the-unreasonable-euo/New York court ruling on unreasonable EUO scheduling practices, mutual rescheduling vs stonewalling, and no-show defenses in no-fault insurance claims.Sat, 22 May 2021 06:43:18 GMTNo-Faulthttps://jtnylaw.com/2021/05/the-euo-is-not-admissible/https://jtnylaw.com/2021/05/the-euo-is-not-admissible/New York court ruling on EUO transcript admissibility under the "New York doctrine" - when examination under oath testimony is inadmissible as hearsay in no-fault cases.Sat, 22 May 2021 06:34:22 GMTEUO issueshttps://jtnylaw.com/2021/05/florida-no-fault-may-be-dead/https://jtnylaw.com/2021/05/florida-no-fault-may-be-dead/Florida's comprehensive no-fault insurance reform bill passes both houses, potentially eliminating PIP coverage and mandating BI coverage for the first time in state history.Sat, 08 May 2021 00:23:24 GMTNo-Faulthttps://jtnylaw.com/2021/04/under-an-abuse-of-discretion-standard-the-third-dca-refuses-to-apply-65-4-6e/https://jtnylaw.com/2021/04/under-an-abuse-of-discretion-standard-the-third-dca-refuses-to-apply-65-4-6e/Third DCA refuses to apply NY no-fault regulation 65-4.6(e) under abuse of discretion standard in Advanced Physical Therapy v. Camrac case involving attorney fees.Thu, 29 Apr 2021 02:40:40 GMTAttorney feehttps://jtnylaw.com/2021/04/failure-to-pay-penalty-statutory-penalty-does-not-allow-legal-fees/https://jtnylaw.com/2021/04/failure-to-pay-penalty-statutory-penalty-does-not-allow-legal-fees/Florida court rules that failure to pay statutory penalty alone does not entitle providers to attorney's fees in no-fault insurance cases, limiting litigation recovery options.Mon, 26 Apr 2021 18:46:29 GMTNo-Faulthttps://jtnylaw.com/2021/04/contractual-deemer/https://jtnylaw.com/2021/04/contractual-deemer/New York courts examine when out-of-state insurers can avoid no-fault coverage obligations through contractual deemer provisions and policy language analysis.Sun, 25 Apr 2021 01:22:02 GMTCoveragehttps://jtnylaw.com/2021/04/civil-court-shenanigans/https://jtnylaw.com/2021/04/civil-court-shenanigans/Civil Court procedural delays and discovery disputes in no-fault insurance provider case, including stay orders and preclusion motions in New York courts.Sun, 25 Apr 2021 01:17:17 GMTDefaultshttps://jtnylaw.com/2021/04/severanace-requires-nf-10s/https://jtnylaw.com/2021/04/severanace-requires-nf-10s/New York court clarifies that severance in no-fault insurance cases requires specific NF-10 form evidence, not just multiple accident dates, changing post-2016 requirements.Sun, 25 Apr 2021 01:11:07 GMTSeverencehttps://jtnylaw.com/2021/04/it-is-200000-for-pedestrians-as-well-as-all-occupants-of-cabs/https://jtnylaw.com/2021/04/it-is-200000-for-pedestrians-as-well-as-all-occupants-of-cabs/NYC taxi and Uber drivers now require $200,000 no-fault coverage per person for basic economic losses, up from $50,000, impacting medallion owners and ride-share operators.Sun, 25 Apr 2021 01:03:51 GMTCoveragehttps://jtnylaw.com/2021/03/putting-the-wrong-floor-is-not-fatal/https://jtnylaw.com/2021/03/putting-the-wrong-floor-is-not-fatal/Court rules that incorrect floor designation in IME notice mailing address is not fatal when building address is otherwise correct and proper mailing procedures followed.Mon, 22 Mar 2021 22:23:48 GMTMailinghttps://jtnylaw.com/2021/03/nf-3-is-the-operative-document/https://jtnylaw.com/2021/03/nf-3-is-the-operative-document/Court ruling confirms NF-3 forms trigger 15-day IME request deadline, and patient no-shows at two scheduled exams justify insurance coverage disclaimer.Mon, 22 Mar 2021 20:09:42 GMTIME issueshttps://jtnylaw.com/2021/03/independent-contractor-defense-proven/https://jtnylaw.com/2021/03/independent-contractor-defense-proven/First Department upholds independent contractor defense in no-fault case, analyzing control factors and employment criteria. Long Island insurance defense analysis.Mon, 22 Mar 2021 20:07:16 GMTIndependent contractorhttps://jtnylaw.com/2021/03/5000-ins-law-5106c-cannot-be-manipulated/https://jtnylaw.com/2021/03/5000-ins-law-5106c-cannot-be-manipulated/New York court clarifies that the $5,000 threshold for no-fault arbitration appeals cannot be artificially inflated by combining separate medical bills or services.Mon, 22 Mar 2021 19:58:30 GMTNo-Faulthttps://jtnylaw.com/2021/03/perlbinder/https://jtnylaw.com/2021/03/perlbinder/Landmark bad faith insurance case Perlbinder v Vigilant allows punitive damages for breach of implied covenant, potentially reshaping NY insurance law.Mon, 22 Mar 2021 19:18:03 GMTBad Faithhttps://jtnylaw.com/2021/03/standing-favorite-statutes/https://jtnylaw.com/2021/03/standing-favorite-statutes/New York's RPAPL 1302-a prevents homeowners from waiving standing defenses in foreclosure cases, even if not raised initially—a game-changing protection for defendants.Mon, 22 Mar 2021 18:54:52 GMTStandinghttps://jtnylaw.com/2021/03/alleviation/https://jtnylaw.com/2021/03/alleviation/Appellate Division affirms Civil Court in Alleviation Medical v Allstate, clarifying insurer obligations for exhausted policy limits and verified claims under NY no-fault law.Mon, 22 Mar 2021 18:42:23 GMTCoveragehttps://jtnylaw.com/2021/03/expert-opinion/https://jtnylaw.com/2021/03/expert-opinion/Court reminds attorneys that expert opinions must address specific assertions with cited evidence, not just conclusory statements, in personal injury litigation.Mon, 22 Mar 2021 18:32:57 GMTExpertshttps://jtnylaw.com/2021/03/it-did-not-have-to-be-mailed-to-the-attorney/https://jtnylaw.com/2021/03/it-did-not-have-to-be-mailed-to-the-attorney/Pavlova v Nationwide case establishes insurers can mail EUO notices directly to assignors, bypassing attorneys - concerning precedent for NY no-fault claims.Mon, 22 Mar 2021 18:20:45 GMTEUO issueshttps://jtnylaw.com/2021/03/reasonableness-of-healthcare-bill/https://jtnylaw.com/2021/03/reasonableness-of-healthcare-bill/NY court case on healthcare provider's right to recover reasonable value for medical services when insurance claims are improperly processed or denied.Thu, 18 Mar 2021 03:30:26 GMTFee Schedulehttps://jtnylaw.com/2021/03/8386/https://jtnylaw.com/2021/03/8386/Court clarifies that insurers don't need to prove they mailed prescribed forms when seeking summary judgment for provider EUO no-shows in New York no-fault cases.Thu, 18 Mar 2021 03:16:49 GMTEUO issueshttps://jtnylaw.com/2021/03/it-is-the-bill-not-the-nf-2/https://jtnylaw.com/2021/03/it-is-the-bill-not-the-nf-2/New York court clarifies that IME scheduling requirements are triggered by receiving bills, not NF-2 forms, in no-fault insurance cases.Thu, 18 Mar 2021 03:14:12 GMTIME issueshttps://jtnylaw.com/2021/03/choice-of-law/https://jtnylaw.com/2021/03/choice-of-law/Court applies New York no-fault law over New Jersey law based on most significant relationship test, despite accident occurring in New Jersey.Thu, 18 Mar 2021 03:07:42 GMTChoice of lawhttps://jtnylaw.com/2021/03/mua-is-dangerous/https://jtnylaw.com/2021/03/mua-is-dangerous/Court finds MUA treatment too aggressive without proper foundation. Expert testimony on medical necessity prevails in no-fault insurance dispute.Thu, 18 Mar 2021 03:04:16 GMTMedical Necessityhttps://jtnylaw.com/2021/03/an-mvaic-notice-of-claim/https://jtnylaw.com/2021/03/an-mvaic-notice-of-claim/Learn about MVAIC notice of claim requirements in NY. Court rules NF-2 application and police report don't constitute proper notice under Insurance Law § 5208.Thu, 18 Mar 2021 03:00:23 GMTCoveragehttps://jtnylaw.com/2021/03/wind-it-up/https://jtnylaw.com/2021/03/wind-it-up/Professional corporation can continue operating and seek no-fault benefits despite revoked license, according to NY Appellate Term ruling on Business Corporation Law requirements.Thu, 18 Mar 2021 02:47:48 GMTMallela issueshttps://jtnylaw.com/2021/03/pt-fee-schedule-denial-not-substantiated/https://jtnylaw.com/2021/03/pt-fee-schedule-denial-not-substantiated/New York court ruling highlights insurance carriers must properly authenticate documents when denying physical therapy claims under fee schedule limits.Thu, 18 Mar 2021 02:39:37 GMTFee Schedulehttps://jtnylaw.com/2021/03/the-power-of-the-certified-medical-coder/https://jtnylaw.com/2021/03/the-power-of-the-certified-medical-coder/Court ruling demonstrates how certified medical coders can establish proper fee schedule application in New York no-fault insurance disputes through expert affidavits.Thu, 18 Mar 2021 02:31:13 GMTFee Schedulehttps://jtnylaw.com/2021/03/policy-exhaust/https://jtnylaw.com/2021/03/policy-exhaust/New York court rejects insurance company's policy exhaustion defense, ruling that paying other claims after denying specific ones doesn't warrant dismissal.Thu, 18 Mar 2021 02:26:15 GMTCoveragehttps://jtnylaw.com/2021/03/objective-standards/https://jtnylaw.com/2021/03/objective-standards/New York court ruling clarifies that insurance companies don't need objective reasons to request examinations under oath in no-fault cases, creating legal precedent.Thu, 18 Mar 2021 02:22:58 GMTEUO issueshttps://jtnylaw.com/2021/03/post-claim-ime/https://jtnylaw.com/2021/03/post-claim-ime/Court rules that insurance company cannot use IME no-show defense when initial IME wasn't scheduled within required 30-day timeframe under New York regulations.Thu, 18 Mar 2021 00:14:15 GMTIME issueshttps://jtnylaw.com/2021/03/cpt-code-97813-and-97814/https://jtnylaw.com/2021/03/cpt-code-97813-and-97814/New York court ruling clarifies CPT codes 97813 and 97814 acupuncture billing rates under workers' compensation fee schedule for no-fault insurance claims.Thu, 18 Mar 2021 00:06:07 GMTFee Schedulehttps://jtnylaw.com/2021/03/there-was-no-policy/https://jtnylaw.com/2021/03/there-was-no-policy/Court confirms workers' compensation policies don't cover no-fault benefits. Healthcare providers must verify correct insurance type before filing claims.Wed, 17 Mar 2021 23:57:43 GMTCoveragehttps://jtnylaw.com/2021/03/8358/https://jtnylaw.com/2021/03/8358/Court clarifies insurer's right to request verification and IMEs before claim payment deadlines begin running in New York no-fault insurance cases.Wed, 17 Mar 2021 23:44:18 GMTIME issueshttps://jtnylaw.com/2021/03/policy-exhaustion-and-the-business-records/https://jtnylaw.com/2021/03/policy-exhaustion-and-the-business-records/Insurance companies must properly authenticate payment records with foundation evidence. A missing affidavit undermines policy exhaustion defense in no-fault cases.Wed, 17 Mar 2021 23:33:43 GMTCoveragehttps://jtnylaw.com/2021/03/pre-and-post-claim-euo/https://jtnylaw.com/2021/03/pre-and-post-claim-euo/Understanding when insurance companies can schedule examinations under oath in no-fault cases, whether before or after claim submission, based on recent court decisions.Wed, 17 Mar 2021 23:24:50 GMTNo-Faulthttps://jtnylaw.com/2021/03/interest-of-justice-vacatur/https://jtnylaw.com/2021/03/interest-of-justice-vacatur/New York court grants vacatur of default judgment in no-fault insurance case where claim was barred by res judicata, demonstrating interests of justice standard.Wed, 17 Mar 2021 22:49:32 GMTDefaultshttps://jtnylaw.com/2020/09/collateral-estoppel/https://jtnylaw.com/2020/09/collateral-estoppel/Explore collateral estoppel: why default judgments don't preclude later suits & when courts can depart from other departments' rulings.Mon, 28 Sep 2020 19:54:20 GMTCausationcollateral estoppelhttps://jtnylaw.com/2020/09/3101d-never-applies-to/https://jtnylaw.com/2020/09/3101d-never-applies-to/Court reverses trial judge's incorrect application of CPLR 3101(d) to treating physicians, reaffirming that disclosure rules only apply to retained experts, not doctors who treated patients.Sat, 26 Sep 2020 00:42:01 GMTExpertshttps://jtnylaw.com/2020/09/inquests/https://jtnylaw.com/2020/09/inquests/Learn about inquest procedures in NY default judgment cases, including damage assessment rules and cross-examination requirements for witness testimony.Sat, 26 Sep 2020 00:23:57 GMTDefaultshttps://jtnylaw.com/2020/09/deposition-rulings/https://jtnylaw.com/2020/09/deposition-rulings/New York appellate court clarifies that deposition rulings cannot be appealed as of right, even when made through formal motion practice rather than during examination.Sat, 26 Sep 2020 00:18:24 GMTDiscoveryhttps://jtnylaw.com/2020/09/improvident-to-examine-papers/https://jtnylaw.com/2020/09/improvident-to-examine-papers/Court rules that vague "law office failure" excuse doesn't justify late opposition papers, but defendants still failed to prove their summary judgment case.Sat, 26 Sep 2020 00:15:39 GMTAdjournmentsDefaultshttps://jtnylaw.com/2020/09/4518a/https://jtnylaw.com/2020/09/4518a/Analysis of double hearsay issues in motor vehicle accident cases, examining inadmissible police reports and the business records exception under New York evidence law.Fri, 25 Sep 2020 22:30:30 GMTBusiness recordshttps://jtnylaw.com/2020/09/ubder-d-duber-fail/https://jtnylaw.com/2020/09/ubder-d-duber-fail/NY court ruling shows Uber failed to prove driver was independent contractor, expanding rideshare company liability beyond app usage in personal injury cases.Fri, 25 Sep 2020 22:09:04 GMTIndependent contractorhttps://jtnylaw.com/2020/09/place-a-call-and-your-jurisdictional-defense-will-fall/https://jtnylaw.com/2020/09/place-a-call-and-your-jurisdictional-defense-will-fall/New York court ruling shows how defendants can waive jurisdictional defenses through conduct, even when challenging court jurisdiction years later.Fri, 25 Sep 2020 21:52:36 GMTJurisdictionhttps://jtnylaw.com/2020/09/the-chiropractor-rate/https://jtnylaw.com/2020/09/the-chiropractor-rate/Court upholds chiropractor fee schedule rates for acupuncture services in NY no-fault insurance case, limiting reimbursement despite provider credentials.Fri, 25 Sep 2020 21:50:13 GMTFee Schedulehttps://jtnylaw.com/2020/09/the-nf-2/https://jtnylaw.com/2020/09/the-nf-2/Court rules insurance company properly mailed IME letters to address on sworn NF-2 form, rejecting plaintiff's argument about zip code discrepancy with police report.Fri, 25 Sep 2020 21:47:07 GMTIME issueshttps://jtnylaw.com/2020/09/material-misrepresentation-defense/https://jtnylaw.com/2020/09/material-misrepresentation-defense/New York court clarifies the high burden insurers face when claiming material misrepresentation as a defense to deny coverage in no-fault insurance cases.Fri, 25 Sep 2020 21:41:17 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2020/09/retroactive-rescission/https://jtnylaw.com/2020/09/retroactive-rescission/A Florida choice of law analysis leads to successful retroactive rescission, highlighting the importance of understanding different state laws in no-fault insurance cases.Fri, 25 Sep 2020 21:35:07 GMTChoice of lawhttps://jtnylaw.com/2020/07/discussion-on-defaults-appearances/https://jtnylaw.com/2020/07/discussion-on-defaults-appearances/Learn about defaults and appearances in New York civil procedure, including CPLR requirements for defendants to avoid default judgments in legal actions.Thu, 30 Jul 2020 17:50:59 GMTNo-Faulthttps://jtnylaw.com/2020/07/out-of-scope-the-inquiry-tightens/https://jtnylaw.com/2020/07/out-of-scope-the-inquiry-tightens/Roizman v Stromer case analysis: medical expert testimony requirements in NY courts, including foundation laying for opinions outside specialization areas.Thu, 23 Jul 2020 17:47:24 GMTNo-Faulthttps://jtnylaw.com/2020/07/a-declaration-later-became-an-affidavit/https://jtnylaw.com/2020/07/a-declaration-later-became-an-affidavit/New York appellate court allows correction of defective declaration to proper affidavit form in summary judgment motion, demonstrating courts' flexibility with technical procedural defects.Thu, 23 Jul 2020 17:35:42 GMTNo-Faulthttps://jtnylaw.com/2020/07/euo-no-show-again/https://jtnylaw.com/2020/07/euo-no-show-again/Court ruling on EUO no-shows in NY no-fault insurance: Kemper v Cornerstone Chiropractic establishes precedent for coverage denials when claimants fail to appear.Mon, 20 Jul 2020 23:57:12 GMTEUO issueshttps://jtnylaw.com/2020/07/injunction-scored-on-yan-moshe/https://jtnylaw.com/2020/07/injunction-scored-on-yan-moshe/Yan Moshe faces GEICO lawsuit over fraudulent medical billing practices in New Jersey facilities and violations.Mon, 20 Jul 2020 19:03:45 GMTNo-Faulthttps://jtnylaw.com/2020/07/a-very-interesting-5102d-case/https://jtnylaw.com/2020/07/a-very-interesting-5102d-case/Court ruling clarifies burden of proof standards in no-fault insurance cases, addressing cervical spine claims and delayed shoulder injury reporting requirements.Mon, 20 Jul 2020 18:36:13 GMTNo-Faulthttps://jtnylaw.com/2020/07/conditional-order-of-preclusion-substitutes-for-willfulness/https://jtnylaw.com/2020/07/conditional-order-of-preclusion-substitutes-for-willfulness/New York court ruling clarifies that willfulness is not required for preclusion sanctions when parties violate conditional orders of preclusion in discovery disputes.Mon, 20 Jul 2020 18:27:10 GMTDiscoveryhttps://jtnylaw.com/2020/06/motion-for-leave-to-enter-a-default-insufficient/https://jtnylaw.com/2020/06/motion-for-leave-to-enter-a-default-insufficient/Attorney Jason Tenenbaum analyzes a questionable court decision regarding notice requirements for default judgment motions when defendants have already defaulted.Tue, 30 Jun 2020 19:52:22 GMTDefaultshttps://jtnylaw.com/2020/06/not-attending-an-euo-at-your-own-peril/https://jtnylaw.com/2020/06/not-attending-an-euo-at-your-own-peril/Court reverses ruling on defective EUO scheduling letters, emphasizing that failing to attend examinations under oath carries serious consequences for no-fault insurance claims.Tue, 30 Jun 2020 19:46:25 GMTEUO issueshttps://jtnylaw.com/2020/06/pa-retroactive-rescission/https://jtnylaw.com/2020/06/pa-retroactive-rescission/Analysis of Pennsylvania retroactive rescission law in NY courts, including Monroe v Omni and burden of proof requirements for insurers seeking policy rescission.Tue, 30 Jun 2020 19:32:15 GMTChoice of lawCoveragehttps://jtnylaw.com/2020/05/opening-courts-with-an-e-filing-system-in-place-nope/https://jtnylaw.com/2020/05/opening-courts-with-an-e-filing-system-in-place-nope/New York courts resist e-filing despite pandemic push for modernization. Personal injury attorney critiques antiquated paper system and court inefficiencies.Wed, 27 May 2020 00:28:35 GMTNo-Faulthttps://jtnylaw.com/2020/05/euo-declaratory-judgment/https://jtnylaw.com/2020/05/euo-declaratory-judgment/Court rules on EUO no-show case involving mailing issues, mutual rescheduling disputes, and provider's untimely bill submissions in no-fault insurance litigation.Fri, 15 May 2020 01:55:34 GMTDeclaratory Judgmentshttps://jtnylaw.com/2020/05/damages-expert-witness-not-necessary/https://jtnylaw.com/2020/05/damages-expert-witness-not-necessary/New York appellate court rules that expert witness testimony is not always required to prove damages when injuries are straightforward and within a jury's understanding.Tue, 12 May 2020 21:53:54 GMTDamageshttps://jtnylaw.com/2020/05/standing-stacey-kapeleris/https://jtnylaw.com/2020/05/standing-stacey-kapeleris/Court ruling on standing in no-fault insurance claims, assignment of benefits, and injured person's right to retake possession of medical bills.Sun, 10 May 2020 03:03:23 GMTStandinghttps://jtnylaw.com/2020/05/no-need-to-file-cancellation-with-dmv/https://jtnylaw.com/2020/05/no-need-to-file-cancellation-with-dmv/DMV cancellation notice not required when vehicle removed from policy and replaced with commercial vehicle under same coverage in NY no-fault insurance law.Sun, 10 May 2020 01:36:26 GMTCoveragehttps://jtnylaw.com/2020/05/res-judicata-privity/https://jtnylaw.com/2020/05/res-judicata-privity/New York appellate court ruling demonstrates how res judicata prevents relitigation between parties in privity, even when different property owners are involved.Thu, 07 May 2020 21:31:58 GMTRes Judicatahttps://jtnylaw.com/2020/04/the-master-cheng/https://jtnylaw.com/2020/04/the-master-cheng/Court ruling clarifies that Supreme Court cannot vacate Civil Court judgments but can stay enforcement - key jurisdiction limits in NY declaratory actions.Mon, 27 Apr 2020 23:24:52 GMTDeclaratory Judgmentshttps://jtnylaw.com/2020/04/election-to-arbitrate/https://jtnylaw.com/2020/04/election-to-arbitrate/New York no-fault insurance arbitration ruling: once a provider elects arbitration for accident claims, they cannot switch forums even against different carriers.Mon, 27 Apr 2020 23:20:40 GMTArbitrationshttps://jtnylaw.com/2020/04/another-medical-necessity/https://jtnylaw.com/2020/04/another-medical-necessity/New York court finds conflicting medical opinions create triable issue on physical therapy necessity, despite provider's weak affidavit of merit in no-fault insurance case.Mon, 27 Apr 2020 22:17:51 GMTMedical Necessityhttps://jtnylaw.com/2020/04/the-hourly-attorney-fee/https://jtnylaw.com/2020/04/the-hourly-attorney-fee/Court rules hourly attorney fees only allowed for specifically enumerated NF-10 form policy issues in NY no-fault insurance cases, restricting fee recovery scope.Mon, 27 Apr 2020 22:05:01 GMTCoveragehttps://jtnylaw.com/2020/04/covid-and-the-courts/https://jtnylaw.com/2020/04/covid-and-the-courts/COVID-19's impact on New York courts and the need for modernizing outdated 1970s court systems and procedures for current legal challenges.Mon, 27 Apr 2020 20:49:21 GMTNo-Faulthttps://jtnylaw.com/2020/04/cplr-3085/https://jtnylaw.com/2020/04/cplr-3085/Court clarifies CPLR 308(5) service requirements when traditional methods fail, addressing impracticability standards and due diligence expectations for process servers.Fri, 03 Apr 2020 22:41:13 GMTProcedural Issueshttps://jtnylaw.com/2020/04/waiting-can-cost-you/https://jtnylaw.com/2020/04/waiting-can-cost-you/NY appellate court upholds trial court's refusal to vacate note of issue when defendants waited too long to seek discovery, including tax returns and social media data.Fri, 03 Apr 2020 22:22:40 GMTDiscoveryhttps://jtnylaw.com/2020/03/uber-d-duber-whoa/https://jtnylaw.com/2020/03/uber-d-duber-whoa/Postmates couriers ruled employees, not independent contractors in watershed NY Court of Appeals decision. Major implications for gig economy worker classification.Sat, 28 Mar 2020 23:49:45 GMTIndependent contractorhttps://jtnylaw.com/2020/03/the-conditional-order-of-dismissal/https://jtnylaw.com/2020/03/the-conditional-order-of-dismissal/New York's First Department issued a conditional order of dismissal for discovery noncompliance, but the two-step process raises doctrinal concerns about court consistency.Sat, 28 Mar 2020 23:13:12 GMTDiscoveryhttps://jtnylaw.com/2020/03/why-are-beaches-still-open/https://jtnylaw.com/2020/03/why-are-beaches-still-open/Attorney Jason Tenenbaum questions inconsistent COVID-19 response policies in March 2020, examining why beaches remained open during early pandemic lockdowns.Mon, 23 Mar 2020 18:41:10 GMTNo-Faulthttps://jtnylaw.com/2020/03/a-true-test-of-what-kind-of-employer-you-are/https://jtnylaw.com/2020/03/a-true-test-of-what-kind-of-employer-you-are/Personal reflections from a New York no-fault insurance attorney on treating employees with decency during crisis, prioritizing health over legal work.Wed, 18 Mar 2020 21:21:45 GMTNo-Faulthttps://jtnylaw.com/2020/03/the-cornona-virus/https://jtnylaw.com/2020/03/the-cornona-virus/Long Island personal injury attorney discusses how COVID-19 pandemic may transform court proceedings and no-fault insurance practice in New York.Wed, 18 Mar 2020 04:44:08 GMTNo-Faulthttps://jtnylaw.com/2020/03/absolutely-horrible-decision/https://jtnylaw.com/2020/03/absolutely-horrible-decision/Court upholds default judgment against GEICO despite wrong index number on timely answer in no-fault insurance case, creating concerning precedent for technical defects.Sun, 08 Mar 2020 23:53:15 GMTDefaultshttps://jtnylaw.com/2020/02/laches-remember-that-word/https://jtnylaw.com/2020/02/laches-remember-that-word/Recent NY court ruling clarifies that laches cannot dismiss complaints without proper CPLR 3216 demand, reinforcing procedural requirements in litigation.Fri, 21 Feb 2020 20:11:39 GMTProcedural Issueshttps://jtnylaw.com/2020/02/ime-excuse-without-personal-knowledge/https://jtnylaw.com/2020/02/ime-excuse-without-personal-knowledge/Court rejects attorney affirmation lacking personal knowledge in IME no-show case, highlighting the importance of proper evidence in no-fault insurance disputes.Fri, 21 Feb 2020 20:03:38 GMTIME issueshttps://jtnylaw.com/2020/02/calendar-service-did-not-transmit-the-adjournment-stipulation/https://jtnylaw.com/2020/02/calendar-service-did-not-transmit-the-adjournment-stipulation/Court accepts calendar service failure as reasonable excuse for default, allowing plaintiff to vacate summary judgment when attorney never received briefing schedule notification.Fri, 14 Feb 2020 21:16:29 GMTDefaultshttps://jtnylaw.com/2020/02/policy-exhaustion-again/https://jtnylaw.com/2020/02/policy-exhaustion-again/NY Court rules on no-fault policy exhaustion when healthcare provider defaults on EUO verification requirements in Ameriprise v Kensington Radiology case.Thu, 13 Feb 2020 04:54:01 GMTCoveragehttps://jtnylaw.com/2020/02/actually-chiropractic/https://jtnylaw.com/2020/02/actually-chiropractic/Court takes judicial notice of permanent stay order in no-fault insurance case, rendering declaratory judgment appeal academic under NY law.Wed, 12 Feb 2020 20:23:45 GMTCoverageDeclaratory JudgmentsDefaultshttps://jtnylaw.com/2020/02/here-is-a-procedural-one-for-you/https://jtnylaw.com/2020/02/here-is-a-procedural-one-for-you/New York appellate court clarifies that submitting fresh evidence or arguments in reply papers provides reasonable justification for granting motion renewal.Wed, 12 Feb 2020 20:09:00 GMTRenew and rearguehttps://jtnylaw.com/2020/02/post-jamaica-wellness-appellate-division-victories/https://jtnylaw.com/2020/02/post-jamaica-wellness-appellate-division-victories/Jamaica Wellness Appellate Division victories: Fourth Department clarifies successive summary judgment motions in no-fault insurance cases following prior appeal decisions.Sat, 08 Feb 2020 23:31:01 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2020/02/reasonable-excuse-relaxed/https://jtnylaw.com/2020/02/reasonable-excuse-relaxed/New York court clarifies that reasonable excuse standards are relaxed for short-term defaults in no-fault insurance cases, providing relief for late responses.Thu, 06 Feb 2020 05:44:22 GMTNo-Faulthttps://jtnylaw.com/2020/02/more-defaults/https://jtnylaw.com/2020/02/more-defaults/New York court denies motion to vacate default judgment in no-fault case where insurer failed to demonstrate meritorious defense under CPLR 5015(a)(1).Sun, 02 Feb 2020 04:25:23 GMTDefaultshttps://jtnylaw.com/2020/02/a-valid-nf-10/https://jtnylaw.com/2020/02/a-valid-nf-10/Court ruling clarifies NF-10 denial forms don't need specific EUO dates, highlighting inconsistent First Department decisions in no-fault insurance cases.Sun, 02 Feb 2020 04:10:13 GMTEUO issueshttps://jtnylaw.com/2020/02/vtl-313-in-action/https://jtnylaw.com/2020/02/vtl-313-in-action/Court ruling on VTL 313 requirements for policy cancellation, including proper mailing procedures and DMV filing compliance within 30 days.Sun, 02 Feb 2020 04:06:09 GMTCancellation of policyhttps://jtnylaw.com/2020/02/120-day-rule-and-fee-schedule/https://jtnylaw.com/2020/02/120-day-rule-and-fee-schedule/New York court ruling demonstrates how healthcare providers can lose no-fault claims due to verification failures and fee schedule violations in insurance disputes.Sun, 02 Feb 2020 04:03:10 GMTAdditional VerificationFee Schedulehttps://jtnylaw.com/2020/02/forum-non-conveniens/https://jtnylaw.com/2020/02/forum-non-conveniens/New York court rules on forum non conveniens doctrine in no-fault insurance provider case, examining jurisdiction factors and witness hardship requirements.Sun, 02 Feb 2020 03:50:27 GMTArbitrationshttps://jtnylaw.com/2020/02/its-the-30-day-rule/https://jtnylaw.com/2020/02/its-the-30-day-rule/Court ruling clarifies insurance companies must schedule IMEs within 30 days of receiving claims, or lose the right to deny payment based on no-shows.Sun, 02 Feb 2020 03:43:15 GMTIME issueshttps://jtnylaw.com/2020/02/verification-and-fee-schedule-issues/https://jtnylaw.com/2020/02/verification-and-fee-schedule-issues/Analysis of Blackman v Nationwide Ins. case addressing verification affidavit mailing presumptions and fee schedule defense preservation requirements in NY no-fault law.Sun, 02 Feb 2020 03:36:15 GMTAdditional VerificationFee Schedulehttps://jtnylaw.com/2020/02/another-statute-of-limitations/https://jtnylaw.com/2020/02/another-statute-of-limitations/New York no-fault insurance statute of limitations analysis: when causes of action accrue and collateral estoppel defense strategies in medical provider cases.Sun, 02 Feb 2020 03:31:25 GMTNo-Faulthttps://jtnylaw.com/2020/02/the-neptune-rule/https://jtnylaw.com/2020/02/the-neptune-rule/New York no-fault insurers must request examinations under oath within 30 days of receiving claims, or the requests become invalid under the Neptune rule.Sun, 02 Feb 2020 03:27:55 GMTNo-Faulthttps://jtnylaw.com/2020/02/untimely-second-letter/https://jtnylaw.com/2020/02/untimely-second-letter/Court ruling clarifies timing requirements for second EUO scheduling letters in no-fault insurance cases, emphasizing strict compliance with regulatory deadlines.Sun, 02 Feb 2020 03:21:01 GMTAdditional Verificationhttps://jtnylaw.com/2020/02/non-receipt/https://jtnylaw.com/2020/02/non-receipt/New York court case highlights importance of proper documentation when resubmitting no-fault insurance claims to avoid summary judgment dismissal.Sun, 02 Feb 2020 03:17:39 GMTNon receipt of billhttps://jtnylaw.com/2020/02/who-is-the-attorney/https://jtnylaw.com/2020/02/who-is-the-attorney/Civil Kings court case on attorney representation requirements and default judgment appeals in no-fault insurance litigation.Sun, 02 Feb 2020 03:12:36 GMTAdjournmentsAffidavitsMotion issueshttps://jtnylaw.com/2020/02/partial-summary-judgment-cannot-be-granted-on-non-receipt/https://jtnylaw.com/2020/02/partial-summary-judgment-cannot-be-granted-on-non-receipt/Court rules partial summary judgment cannot be granted when one party claims mailing and another denies receipt, creating triable issues of fact in insurance disputes.Sun, 02 Feb 2020 03:04:40 GMTNon receipt of billhttps://jtnylaw.com/2020/02/rescinding-a-policy-in-accordance-with-florida-law/https://jtnylaw.com/2020/02/rescinding-a-policy-in-accordance-with-florida-law/Florida insurance policy rescission requirements under state law - notice to insured and premium return mandates for valid ab initio rescission in New York courts.Sun, 02 Feb 2020 02:26:43 GMTChoice of lawhttps://jtnylaw.com/2020/02/settlement-of-a-default-judgment/https://jtnylaw.com/2020/02/settlement-of-a-default-judgment/Settlement of default judgments in NY: five days notice required when defendant previously appeared. Court jurisdiction and CPLR 3215 requirements explained.Sun, 02 Feb 2020 02:23:25 GMTDefaultshttps://jtnylaw.com/2020/02/prior-arb/https://jtnylaw.com/2020/02/prior-arb/New York no-fault insurance arbitration waiver rules - when prior arbitration election bars subsequent court litigation under Ultimate Health Products v Ameriprise case law.Sun, 02 Feb 2020 02:12:13 GMTArbitrationshttps://jtnylaw.com/2020/02/8132/https://jtnylaw.com/2020/02/8132/Court rules Notice of Trial equivalent to Note of Issue for summary judgment timing; defendant's late motion served 120+ days after filing denied under CPLR 3212.Sun, 02 Feb 2020 02:01:21 GMTNotice of Trial issueshttps://jtnylaw.com/2019/11/ny-serious-injury-threshold-suboptimal-effort-personal-injury-cases/https://jtnylaw.com/2019/11/ny-serious-injury-threshold-suboptimal-effort-personal-injury-cases/Learn how NY's serious injury threshold works and why suboptimal effort can destroy your personal injury case. Expert Long Island attorney guidance. Call 516-750-0595.Mon, 25 Nov 2019 05:07:39 GMT5102(d) issuesPersonal Injuryhttps://jtnylaw.com/2019/11/expert-witness-qualifications-new-york-medical-malpractice/https://jtnylaw.com/2019/11/expert-witness-qualifications-new-york-medical-malpractice/Learn NY expert witness requirements for medical malpractice. Analysis of Perez decision & qualification standards. Call 516-750-0595.Mon, 25 Nov 2019 04:59:30 GMTExpertshttps://jtnylaw.com/2019/11/cross-border-medical-fee-schedules-new-york-new-jersey/https://jtnylaw.com/2019/11/cross-border-medical-fee-schedules-new-york-new-jersey/Learn NY-NJ cross-border medical billing & fee schedules. Expert analysis of Excel Surgery decision & out-of-state treatment. Call 516-750-0595.Mon, 25 Nov 2019 04:56:42 GMTFee Schedulehttps://jtnylaw.com/2019/11/150-day-verification-rule-new-york-no-fault-insurance/https://jtnylaw.com/2019/11/150-day-verification-rule-new-york-no-fault-insurance/Learn NY no-fault insurance 150-day verification rule. Expert analysis of Chapa decision & claim timing requirements. Call 516-750-0595.Mon, 25 Nov 2019 04:50:58 GMTAdditional Verificationhttps://jtnylaw.com/2019/11/certified-medical-coder-workers-compensation-billing-new-york/https://jtnylaw.com/2019/11/certified-medical-coder-workers-compensation-billing-new-york/Learn how certified medical coders impact workers comp billing disputes in NY. Expert legal analysis of fee schedules & coding. Call 516-750-0595.Mon, 25 Nov 2019 04:40:23 GMTFee Schedulehttps://jtnylaw.com/2019/11/bench-trial-credibility-assessment-appellate-review-new-york/https://jtnylaw.com/2019/11/bench-trial-credibility-assessment-appellate-review-new-york/Learn when NY appellate courts can review bench trial credibility findings. Expert legal analysis of appellate standards. Call 516-750-0595 for consultation.Mon, 04 Nov 2019 00:09:40 GMTEvidencehttps://jtnylaw.com/2019/11/discovery-of-the-first-party-file/https://jtnylaw.com/2019/11/discovery-of-the-first-party-file/New York court clarifies when first-party insurance claim files are discoverable, distinguishing between litigation prep and routine business investigations.Mon, 04 Nov 2019 00:04:27 GMTDiscoveryhttps://jtnylaw.com/2019/11/mailing-again/https://jtnylaw.com/2019/11/mailing-again/New York's Second Department reinforces strict RPAPL 1304 mailing requirements in mortgage cases, emphasizing the need for proper evidence of both certified and first-class mail compliance.Sun, 03 Nov 2019 23:39:21 GMTMailinghttps://jtnylaw.com/2019/10/no-fault-additional-verification-requirements-new-york/https://jtnylaw.com/2019/10/no-fault-additional-verification-requirements-new-york/Expert guide to NY no-fault insurance additional verification requirements. Learn compliance strategies and legal protections. Call 516-750-0595.Sat, 26 Oct 2019 22:25:09 GMTAdditional Verificationhttps://jtnylaw.com/2019/10/mvaic-claims-new-york-requirements-coverage/https://jtnylaw.com/2019/10/mvaic-claims-new-york-requirements-coverage/Expert legal guidance on MVAIC claims in NY. Learn requirements, deadlines & common pitfalls. Free consultation. Call 516-750-0595.Sat, 26 Oct 2019 22:18:04 GMTCoveragehttps://jtnylaw.com/2019/10/euo-requirements-new-york-no-fault-insurance-cases/https://jtnylaw.com/2019/10/euo-requirements-new-york-no-fault-insurance-cases/Learn about EUO requirements in New York no-fault insurance cases. Expert legal guidance from experienced attorneys. Call 516-750-0595 for consultation.Sat, 26 Oct 2019 22:09:47 GMTEUO issueshttps://jtnylaw.com/2019/10/severance-new-york-no-fault-insurance-litigation/https://jtnylaw.com/2019/10/severance-new-york-no-fault-insurance-litigation/Learn about severance motions in New York no-fault insurance litigation. Expert legal guidance from experienced attorneys. Call 516-750-0595 for consultation.Sat, 26 Oct 2019 22:03:24 GMTSeverencehttps://jtnylaw.com/2019/10/ime-no-shows-new-york-no-fault-insurance-cases/https://jtnylaw.com/2019/10/ime-no-shows-new-york-no-fault-insurance-cases/Learn about IME no-shows in New York no-fault insurance cases. Expert legal guidance from experienced attorneys. Call 516-750-0595 for consultation.Sat, 26 Oct 2019 21:55:56 GMTIME issueshttps://jtnylaw.com/2019/10/choice-of-law-multi-state-personal-injury-cases-new-york/https://jtnylaw.com/2019/10/choice-of-law-multi-state-personal-injury-cases-new-york/Expert guidance on multi-state personal injury cases and choice of law issues. Experienced NY attorneys. Call 516-750-0595 for free consultation.Fri, 25 Oct 2019 17:53:24 GMTChoice of lawhttps://jtnylaw.com/2019/10/motion-to-dismiss-new-york-personal-injury-cases/https://jtnylaw.com/2019/10/motion-to-dismiss-new-york-personal-injury-cases/Learn about motions to dismiss in New York personal injury cases. Expert legal guidance from experienced attorneys. Call 516-750-0595 for free consultation.Thu, 24 Oct 2019 19:22:31 GMTProcedural Issueshttps://jtnylaw.com/2019/10/pennsylvania-insurance-law-ny-courts-choice-of-law/https://jtnylaw.com/2019/10/pennsylvania-insurance-law-ny-courts-choice-of-law/Navigate complex choice of law issues when Pennsylvania insurance policies meet New York litigation. Learn the innocent third party doctrine. Call 516-750-0595.Thu, 24 Oct 2019 19:18:24 GMTChoice of lawhttps://jtnylaw.com/2019/10/cplr-3212-summary-judgment-motion-timing-rules-ny/https://jtnylaw.com/2019/10/cplr-3212-summary-judgment-motion-timing-rules-ny/Master CPLR 3212(a) timing rules for summary judgment motions in NY. Learn the 120-day deadline, service requirements & good cause exceptions. Call 516-750-0595.Tue, 22 Oct 2019 04:05:56 GMTNo-Faulthttps://jtnylaw.com/2019/10/challenge-euo-no-show-denial-improper-notice-ny/https://jtnylaw.com/2019/10/challenge-euo-no-show-denial-improper-notice-ny/Learn how to challenge EUO no-show denials when insurance companies fail to prove proper notice. Expert legal strategies for NY cases. Call 516-750-0595.Tue, 22 Oct 2019 04:00:41 GMTEUO issueshttps://jtnylaw.com/2019/10/euo-no-show-consequences-examination-under-oath-ny/https://jtnylaw.com/2019/10/euo-no-show-consequences-examination-under-oath-ny/Missing your EUO can destroy your insurance claim. Learn the serious consequences of EUO no-shows in NY and how to protect your rights. Call 516-750-0595.Tue, 22 Oct 2019 03:54:58 GMTEUO issueshttps://jtnylaw.com/2019/10/condition-precedents-no-fault-insurance-ny/https://jtnylaw.com/2019/10/condition-precedents-no-fault-insurance-ny/Learn how condition precedents affect no-fault insurance claims in New York. Expert legal guidance on protecting your rights. Call 516-750-0595 for help.Tue, 22 Oct 2019 03:38:22 GMTCoveragehttps://jtnylaw.com/2019/10/non-contact-case/https://jtnylaw.com/2019/10/non-contact-case/New York appellate court reverses denial of summary judgment in no-fault insurance declaratory judgment action, finding motion not premature despite discovery issues.Thu, 17 Oct 2019 05:22:08 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2019/10/gary-t-day/https://jtnylaw.com/2019/10/gary-t-day/Second Department vacates master arbitrator's award in Bay Needle Care v Country-Wide Insurance, finding arbitrator exceeded power by re-weighing evidence.Thu, 17 Oct 2019 05:15:15 GMTArbitrationsArticle 75https://jtnylaw.com/2019/10/the-good-hands-people-at-it-again/https://jtnylaw.com/2019/10/the-good-hands-people-at-it-again/Allstate loses no-fault arbitration appeal after claimant attended 8 IMEs - court finds insurer acted in bad faith with adversarial treatment of injured partyThu, 17 Oct 2019 04:37:26 GMTArticle 75https://jtnylaw.com/2019/10/8063/https://jtnylaw.com/2019/10/8063/New York appellate court ruling reveals ongoing jurisdictional split over MVAIC exhaustion requirements in no-fault insurance coverage disputes.Thu, 17 Oct 2019 04:28:48 GMTCoveragehttps://jtnylaw.com/2019/10/insurance-euo-requirements-no-objective-basis-new-york/https://jtnylaw.com/2019/10/insurance-euo-requirements-no-objective-basis-new-york/Learn when NY insurance companies can demand EUOs without objective basis. Expert analysis of Actual Chiropractic v State Farm. Call 516-750-0595.Thu, 17 Oct 2019 04:23:26 GMTEUO issueshttps://jtnylaw.com/2019/09/public-health-law-bad-faith-claims-new-york/https://jtnylaw.com/2019/09/public-health-law-bad-faith-claims-new-york/Learn about Public Health Law bad faith insurance claims in New York. Expert legal guidance. Call 516-750-0595 for consultation.Thu, 19 Sep 2019 22:00:28 GMTNo-Faulthttps://jtnylaw.com/2019/09/trial-bifurcation-new-york-personal-injury-cases/https://jtnylaw.com/2019/09/trial-bifurcation-new-york-personal-injury-cases/Learn about trial bifurcation strategies in New York personal injury litigation. Expert legal guidance. Call 516-750-0595.Sat, 14 Sep 2019 02:49:11 GMTNo-Faulthttps://jtnylaw.com/2019/09/proximate-cause-medical-malpractice-cases-new-york/https://jtnylaw.com/2019/09/proximate-cause-medical-malpractice-cases-new-york/Learn about proximate cause requirements in New York medical malpractice cases. Expert legal guidance. Call 516-750-0595 for free consultation.Sat, 14 Sep 2019 02:22:15 GMTDirected Verdictshttps://jtnylaw.com/2019/09/self-imposed-rom-limitations-personal-injury-cases-new-york/https://jtnylaw.com/2019/09/self-imposed-rom-limitations-personal-injury-cases-new-york/Learn how NY courts handle self-imposed ROM limitation claims in personal injury cases. Expert legal guidance. Call 516-750-0595 for free consultation.Sat, 14 Sep 2019 01:42:42 GMT5102(d) issueshttps://jtnylaw.com/2019/09/article-75-lay-up/https://jtnylaw.com/2019/09/article-75-lay-up/NY Court of Appeals reverses AAA arbitration decision on Article 75 petition, highlighting differences between First and Second Department leave standards.Thu, 05 Sep 2019 03:47:16 GMTArticle 75IME issueshttps://jtnylaw.com/2019/09/the-additional-verification-paradigm-again/https://jtnylaw.com/2019/09/the-additional-verification-paradigm-again/New York no-fault case clarifies burden of proof in additional verification disputes, showing how procedural missteps can doom otherwise valid claims.Thu, 05 Sep 2019 02:15:44 GMTAdditional Verificationhttps://jtnylaw.com/2019/08/the-first-citing-of-65-3-5p-somewhat-ominous/https://jtnylaw.com/2019/08/the-first-citing-of-65-3-5p-somewhat-ominous/First court citing of NY regulation 65-3.5(p) creates ominous legal conflicts with existing no-fault insurance verification and IME timing requirements.Tue, 27 Aug 2019 20:11:21 GMTAdditional Verificationhttps://jtnylaw.com/2019/08/stop-short-car-accident-liability-new-york/https://jtnylaw.com/2019/08/stop-short-car-accident-liability-new-york/Learn about stop short liability in NY car accidents. Expert legal analysis from JTNY Law. Get your free consultation - Call 516-750-0595 today.Mon, 26 Aug 2019 20:55:11 GMTCar Accidentshttps://jtnylaw.com/2019/08/ny-5102d-serious-injury-threshold-appeals-notice-best-practices/https://jtnylaw.com/2019/08/ny-5102d-serious-injury-threshold-appeals-notice-best-practices/Master NY 5102(d) serious injury threshold appeals & notice requirements. Expert analysis of appellate best practices. Call 516-750-0595 for help.Mon, 26 Aug 2019 20:48:44 GMT5102(d) issueshttps://jtnylaw.com/2019/08/medical-expert-affidavit-requirements-ny-personal-injury/https://jtnylaw.com/2019/08/medical-expert-affidavit-requirements-ny-personal-injury/Master medical expert affidavit requirements in NY personal injury cases. Expert analysis of qualification standards. Call 516-750-0595 for help.Thu, 22 Aug 2019 03:00:18 GMTExpertshttps://jtnylaw.com/2019/08/personal-jurisdiction-new-york-insurance-no-fault-defense/https://jtnylaw.com/2019/08/personal-jurisdiction-new-york-insurance-no-fault-defense/Master personal jurisdiction challenges in NY insurance cases. Expert analysis of out-of-state insurer defenses. Call 516-750-0595 for legal help.Sun, 18 Aug 2019 21:06:08 GMTArbitrationsJurisdictionhttps://jtnylaw.com/2019/08/outstanding-verification-trials-ny-no-fault-insurance-defense/https://jtnylaw.com/2019/08/outstanding-verification-trials-ny-no-fault-insurance-defense/Master verification trial procedures in NY no-fault insurance. Expert analysis of burden of proof & defense strategies. Call 516-750-0595 for help.Sun, 18 Aug 2019 21:01:39 GMTAdditional Verificationhttps://jtnylaw.com/2019/08/euo-bust-statement-best-practices-ny-no-fault-insurance/https://jtnylaw.com/2019/08/euo-bust-statement-best-practices-ny-no-fault-insurance/Master EUO bust statements in NY no-fault insurance cases. Expert legal analysis of procedural requirements & common mistakes. Call 516-750-0595 for help.Sat, 10 Aug 2019 20:19:50 GMTEUO issueshttps://jtnylaw.com/2019/08/new-york-euo-requirements-examination-under-oath-untimely-demands/https://jtnylaw.com/2019/08/new-york-euo-requirements-examination-under-oath-untimely-demands/Learn NY EUO timing requirements and when examination under oath demands are untimely. Expert analysis of Zen Acupuncture case. Call 516-750-0595.Sat, 10 Aug 2019 20:12:45 GMTEUO issueshttps://jtnylaw.com/2019/08/new-york-declaratory-judgment-actions-supreme-court-civil-court-jurisdiction/https://jtnylaw.com/2019/08/new-york-declaratory-judgment-actions-supreme-court-civil-court-jurisdiction/Learn about NY declaratory judgment actions and jurisdictional issues between courts. Expert analysis of SS Medical Care case. Call 516-750-0595.Sat, 10 Aug 2019 20:08:08 GMTDeclaratory Judgmentshttps://jtnylaw.com/2019/08/new-york-personal-injury-law-proving-causation-accident-cases/https://jtnylaw.com/2019/08/new-york-personal-injury-law-proving-causation-accident-cases/Learn how to prove causation in NY personal injury cases. Expert analysis of Parisien v Allstate case and causation challenges. Call 516-750-0595.Sat, 10 Aug 2019 19:55:27 GMTCausationhttps://jtnylaw.com/2019/08/new-york-no-fault-by-report-billing-insurance-carrier-verification-requirements/https://jtnylaw.com/2019/08/new-york-no-fault-by-report-billing-insurance-carrier-verification-requirements/Learn how NY No-Fault by report billing works and insurance carrier verification requirements. Expert analysis of Bronx Acupuncture case. Call 516-750-0595.Sat, 10 Aug 2019 19:42:15 GMTFee Schedulehttps://jtnylaw.com/2019/08/new-york-default-judgment-laws-insurance-delays-court-deadlines/https://jtnylaw.com/2019/08/new-york-default-judgment-laws-insurance-delays-court-deadlines/Learn how NY courts handle default judgments when defendants claim insurance delays. Expert analysis of Shy v Shavin Corp case. Call 516-750-0595 for consultation.Sun, 04 Aug 2019 23:54:23 GMTDefaultshttps://jtnylaw.com/2019/08/medical-necessity-trials-no-fault-new-york/https://jtnylaw.com/2019/08/medical-necessity-trials-no-fault-new-york/Learn about medical necessity trials in NY no-fault cases. Understand burden of proof, expert witness credibility, and defense strategies. Call 516-750-0595.Sun, 04 Aug 2019 23:50:09 GMTMedical Necessityhttps://jtnylaw.com/2019/08/nf3-verification-forms-no-fault-new-york/https://jtnylaw.com/2019/08/nf3-verification-forms-no-fault-new-york/Learn about NF-3 verification forms in NY no-fault insurance. Understand requirements, response procedures, and how to handle verification disputes. Call 516-750-0595.Sun, 04 Aug 2019 23:46:02 GMTNo-Faulthttps://jtnylaw.com/2019/08/ime-notification-requirements-no-fault-new-york/https://jtnylaw.com/2019/08/ime-notification-requirements-no-fault-new-york/Learn IME notification requirements in NY no-fault cases. Address matching rules, proper notice procedures, and how to challenge inadequate IME notifications. Call 516-750-0595.Sun, 04 Aug 2019 23:41:46 GMTIME issueshttps://jtnylaw.com/2019/08/cplr-5015-a1-default-judgment-personal-injury-new-york/https://jtnylaw.com/2019/08/cplr-5015-a1-default-judgment-personal-injury-new-york/Learn how CPLR 5015(a)(1) allows setting aside default judgments in NY personal injury cases. Expert guidance on reasonable excuse, meritorious defense requirements. Call 516-750-0595.Sun, 04 Aug 2019 23:38:53 GMTDefaultshttps://jtnylaw.com/2019/07/causal-relationship-personal-injury-new-york/https://jtnylaw.com/2019/07/causal-relationship-personal-injury-new-york/Learn how to prove causal relationship in New York personal injury cases. Expert legal guidance on causation challenges, medical evidence, and winning strategies. Call 516-750-0595.Thu, 25 Jul 2019 01:28:20 GMTCausationhttps://jtnylaw.com/2019/07/law-office-failure/https://jtnylaw.com/2019/07/law-office-failure/New York's Second Department outlines when law office failure constitutes excusable conduct for missing court appearances in this mortgage foreclosure case.Thu, 25 Jul 2019 01:06:40 GMTDefaultshttps://jtnylaw.com/2019/07/certified-mail-and-regular-mail/https://jtnylaw.com/2019/07/certified-mail-and-regular-mail/New York court clarifies that EUO scheduling letters sent by regular mail are sufficient - certified mail is not required for valid examination under oath notices.Wed, 24 Jul 2019 23:08:56 GMTEUO issuesMailinghttps://jtnylaw.com/2019/07/7986/https://jtnylaw.com/2019/07/7986/Court ruling highlights the intersection between no-fault insurance and workers' compensation, emphasizing that Workers' Compensation Board has primary jurisdiction over employment-related injury determinations.Wed, 24 Jul 2019 20:25:13 GMTCoveragehttps://jtnylaw.com/2019/07/an-objective-standard-is-not-necessary/https://jtnylaw.com/2019/07/an-objective-standard-is-not-necessary/New York court clarifies that insurers don't need to provide objective reasons for EUO requests when seeking summary judgment for provider no-shows.Wed, 24 Jul 2019 20:19:20 GMTEUO issueshttps://jtnylaw.com/2019/07/material-misrepresentation-insurance-claims-new-york-law/https://jtnylaw.com/2019/07/material-misrepresentation-insurance-claims-new-york-law/Expert guide to material misrepresentation in insurance claims under NY law. Learn your rights, defenses, and legal options. Call 516-750-0595 for free consultation.Wed, 24 Jul 2019 20:07:35 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2019/07/jurisdiction-defenses-need-to-specific/https://jtnylaw.com/2019/07/jurisdiction-defenses-need-to-specific/New York court ruling on jurisdiction defenses in no-fault insurance cases - waiver of personal jurisdiction objections under CPLR 3211(e) requirements.Wed, 24 Jul 2019 19:58:43 GMTNo-Faulthttps://jtnylaw.com/2019/07/after-the-dj/https://jtnylaw.com/2019/07/after-the-dj/New York court establishes when medical providers must be named in declaratory judgment actions for binding non-coverage decisions under res judicata doctrine.Wed, 24 Jul 2019 19:19:11 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2019/07/negligent-employment-insurance-companies-cross-line-claims-handling-harmful-practices/https://jtnylaw.com/2019/07/negligent-employment-insurance-companies-cross-line-claims-handling-harmful-practices/Learn when insurance company practices constitute negligent employment. Expert analysis of Walden Bailey decision and claims handling misconduct. Call 516-750-0595.Sat, 06 Jul 2019 18:51:09 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2019/07/understanding-verification-requirements-no-fault-insurance-claims-denial-can-wait/https://jtnylaw.com/2019/07/understanding-verification-requirements-no-fault-insurance-claims-denial-can-wait/Learn how no-fault insurance verification requirements can delay claim denials. Expert legal analysis of the Parisien decision and EUO timing rules. Call 516-750-0595.Fri, 05 Jul 2019 20:22:09 GMTAdditional Verificationhttps://jtnylaw.com/2019/07/helpful-euo-holdings-new-york-no-fault-insurance-bronx-chiropractic-oleg/https://jtnylaw.com/2019/07/helpful-euo-holdings-new-york-no-fault-insurance-bronx-chiropractic-oleg/Learn about important EUO procedural holdings in New York no-fault insurance cases. Expert analysis of Bronx Chiropractic and Oleg's Acupuncture decisions. Call 516-750-0595.Tue, 02 Jul 2019 18:37:02 GMTEUO issueshttps://jtnylaw.com/2019/07/euo-ime-nonappearance-new-york-no-fault-insurance-island-life-alas/https://jtnylaw.com/2019/07/euo-ime-nonappearance-new-york-no-fault-insurance-island-life-alas/Learn about EUO and IME non-appearance defenses in New York no-fault insurance cases. Expert analysis of Island Life and Alas Lifespan decisions. Call 516-750-0595.Tue, 02 Jul 2019 18:33:59 GMTEUO issuesIME issueshttps://jtnylaw.com/2019/07/no-fault-insurance-verification-requirements-orthoplus-new-york/https://jtnylaw.com/2019/07/no-fault-insurance-verification-requirements-orthoplus-new-york/Learn about no-fault insurance verification requirements in New York. Expert analysis of Orthoplus decision and compliance strategies. Call 516-750-0595.Tue, 02 Jul 2019 18:20:36 GMTAdditional Verificationhttps://jtnylaw.com/2019/06/court-briefing-schedule-rules-new-york-no-fault-insurance-golden-star/https://jtnylaw.com/2019/06/court-briefing-schedule-rules-new-york-no-fault-insurance-golden-star/Learn about court briefing schedule rules and judicial discretion in New York no-fault insurance cases. Expert legal analysis of Golden Star decision. Call 516-750-0595.Fri, 21 Jun 2019 06:05:41 GMTNo-Faulthttps://jtnylaw.com/2019/06/professional-corporation-control-carothers-new-york-no-fault-insurance/https://jtnylaw.com/2019/06/professional-corporation-control-carothers-new-york-no-fault-insurance/Learn how the Carothers decision affects professional corporation licensing in New York no-fault insurance law. Expert analysis for healthcare providers. Call 516-750-0595.Fri, 21 Jun 2019 06:04:45 GMTNo-Faulthttps://jtnylaw.com/2019/06/medical-opinion-vs-facts-new-york-personal-injury/https://jtnylaw.com/2019/06/medical-opinion-vs-facts-new-york-personal-injury/When medical expert opinions conflict with facts, the facts must prevail in NY personal injury cases. Protect your claim. Call 516-750-0595.Sat, 15 Jun 2019 21:07:06 GMTPersonal Injuryhttps://jtnylaw.com/2019/06/treatment-gaps-new-york-personal-injury-cases/https://jtnylaw.com/2019/06/treatment-gaps-new-york-personal-injury-cases/Treatment gaps can defeat NY personal injury claims. Learn how to protect your case and explain unavoidable delays. Call 516-750-0595.Sat, 15 Jun 2019 03:12:41 GMTPersonal Injuryhttps://jtnylaw.com/2019/06/ime-doctor-qualifications-new-york-personal-injury/https://jtnylaw.com/2019/06/ime-doctor-qualifications-new-york-personal-injury/New NY court rules require IME doctors to have proper qualifications. Protect your personal injury case from unqualified experts. Call 516-750-0595.Sat, 15 Jun 2019 03:04:04 GMTPersonal Injuryhttps://jtnylaw.com/2019/06/no-fault-settlement-interest-new-york-lawyer/https://jtnylaw.com/2019/06/no-fault-settlement-interest-new-york-lawyer/Insurance companies must pay interest on delayed no-fault settlements in NY. Protect your rights and maximize recovery. Call 516-750-0595 for help.Fri, 14 Jun 2019 21:22:15 GMTPersonal Injuryhttps://jtnylaw.com/2019/06/ppo-discovery-new-york-personal-injury-lawyer/https://jtnylaw.com/2019/06/ppo-discovery-new-york-personal-injury-lawyer/Expert legal guidance on PPO discovery disputes in NY personal injury cases. Protect your medical bill recovery. Call 516-750-0595 for free consultation.Fri, 14 Jun 2019 21:16:42 GMTPersonal Injuryhttps://jtnylaw.com/2019/06/new-york-note-of-issue-pitfalls-personal-injury-cases/https://jtnylaw.com/2019/06/new-york-note-of-issue-pitfalls-personal-injury-cases/Learn how filing a Note of Issue without preserving objections can waive your right to seek preclusion in New York personal injury cases.Tue, 11 Jun 2019 20:38:43 GMTNotice of Trial issueshttps://jtnylaw.com/2019/06/new-york-foreclosure-defense-rpapl-1304-notice-violations/https://jtnylaw.com/2019/06/new-york-foreclosure-defense-rpapl-1304-notice-violations/NY foreclosure defense case shows defendants can challenge RPAPL 1304 notice violations even after summary judgment is granted, emphasizing strict compliance requirements.Tue, 11 Jun 2019 20:28:36 GMTProcedural Issueshttps://jtnylaw.com/2019/06/ime-medical-malpractice-claims-new-york-doctors/https://jtnylaw.com/2019/06/ime-medical-malpractice-claims-new-york-doctors/Court ruling shows IME doctors can face malpractice liability when they depart from accepted medical practice during examinations, requiring proper evidence of standard procedures.Sat, 08 Jun 2019 21:35:26 GMTIME issueshttps://jtnylaw.com/2019/06/lost-wages-claims-new-york-job-abandonment-pitfalls/https://jtnylaw.com/2019/06/lost-wages-claims-new-york-job-abandonment-pitfalls/Learn how to protect your lost wages claim in New York personal injury cases. Avoid job abandonment pitfalls with expert legal guidance. Call 516-750-0595 for help.Mon, 03 Jun 2019 01:16:36 GMTLost wageshttps://jtnylaw.com/2019/06/ny-medical-causation-personal-injury-expert-analysis-requirements/https://jtnylaw.com/2019/06/ny-medical-causation-personal-injury-expert-analysis-requirements/Learn NY medical causation requirements for personal injury cases. Expert guidance on causation analysis from experienced Long Island attorneys. Call 516-750-0595.Mon, 03 Jun 2019 00:25:04 GMTCausationhttps://jtnylaw.com/2019/06/ny-article-75-arbitration-awards-declaratory-judgment-proceedings/https://jtnylaw.com/2019/06/ny-article-75-arbitration-awards-declaratory-judgment-proceedings/Learn why you cannot backdoor arbitration awards through declaratory judgment in NY. Expert Article 75 guidance from Long Island attorneys. Call 516-750-0595.Sun, 02 Jun 2019 23:36:48 GMTArticle 75Declaratory Judgmentshttps://jtnylaw.com/2019/06/ny-new-evidence-reply-motion-practice-rules-courts/https://jtnylaw.com/2019/06/ny-new-evidence-reply-motion-practice-rules-courts/Learn NY court rules for new evidence in reply papers. Expert motion practice guidance from experienced Long Island litigation attorneys. Call 516-750-0595.Sun, 02 Jun 2019 23:30:19 GMTIME issueshttps://jtnylaw.com/2019/05/ny-no-fault-insurance-euo-requirements-dfs-disclaimer-regulations/https://jtnylaw.com/2019/05/ny-no-fault-insurance-euo-requirements-dfs-disclaimer-regulations/Learn why DFS does not approve improper EUO disclaimer practices in NY no-fault insurance. Expert legal analysis from experienced Long Island lawyers. Call 516-750-0595.Wed, 22 May 2019 04:34:10 GMTDeclaratory JudgmentsDefaultsEUO issueshttps://jtnylaw.com/2019/05/ny-no-fault-insurance-medical-necessity-surgery-peer-review-requirements/https://jtnylaw.com/2019/05/ny-no-fault-insurance-medical-necessity-surgery-peer-review-requirements/Learn why surgery peer review alone isnt enough for NY no-fault medical necessity denials. Expert legal analysis from experienced Long Island attorneys. Call 516-750-0595.Wed, 22 May 2019 04:21:38 GMTMedical Necessityhttps://jtnylaw.com/2019/05/loss-of-earnings/https://jtnylaw.com/2019/05/loss-of-earnings/Nassau County case explores loss of earnings recovery for no-fault EUO attendance, highlighting proof challenges and deposition necessity in first-party claims.Mon, 20 May 2019 21:42:01 GMTLost wageshttps://jtnylaw.com/2019/05/7907/https://jtnylaw.com/2019/05/7907/Recent New York appellate decisions clarify EUO requirements for no-fault insurers, addressing standards for summary judgment and procedural compliance issues.Mon, 20 May 2019 21:25:00 GMTEUO issueshttps://jtnylaw.com/2019/05/examination-under-oath-euo-new-york-personal-injury/https://jtnylaw.com/2019/05/examination-under-oath-euo-new-york-personal-injury/Learn about Examination Under Oath (EUO) requirements in NY personal injury cases. Expert legal guidance on EUO procedures. Call 516-750-0595.Mon, 13 May 2019 00:35:17 GMTEUO issueshttps://jtnylaw.com/2019/05/interstate-insurance-law-new-york-personal-injury/https://jtnylaw.com/2019/05/interstate-insurance-law-new-york-personal-injury/Learn how interstate insurance laws affect NY personal injury cases. Expert analysis of multi-state complications. Call 516-750-0595.Mon, 13 May 2019 00:15:00 GMTChoice of lawhttps://jtnylaw.com/2019/05/legal-document-quality-personal-injury-new-york/https://jtnylaw.com/2019/05/legal-document-quality-personal-injury-new-york/Learn about document quality requirements in NY personal injury cases. Expert legal analysis from experienced attorneys. Call 516-750-0595.Sun, 12 May 2019 23:50:39 GMTDeclaratory Judgment ActionProcedural Issueshttps://jtnylaw.com/2019/05/the-cpt-code-book-and-cpt-assistant-are-admissible-as-a-matter-of-course/https://jtnylaw.com/2019/05/the-cpt-code-book-and-cpt-assistant-are-admissible-as-a-matter-of-course/Court rules CPT code book and CPT Assistant are admissible in NY no-fault insurance fee disputes, reversing arbitrator's exclusion of coding guidance materials.Sun, 12 May 2019 23:37:42 GMTFee Schedulehttps://jtnylaw.com/2019/05/legal-protections-mothers-families-no-fault-insurance-personal-injury-new-york/https://jtnylaw.com/2019/05/legal-protections-mothers-families-no-fault-insurance-personal-injury-new-york/Comprehensive guide to legal rights for mothers in NY. No-fault insurance, personal injury claims, family protections. Call 516-750-0595 for help.Sun, 12 May 2019 22:35:11 GMTNo-Faulthttps://jtnylaw.com/2019/05/insurance-mailing-requirements-defective-notice-policy-cancellation-charles-deng/https://jtnylaw.com/2019/05/insurance-mailing-requirements-defective-notice-policy-cancellation-charles-deng/Learn how defective insurance mailing procedures can invalidate policy cancellations. Charles Deng case analysis. Call 516-750-0595 for help.Sat, 04 May 2019 00:51:27 GMTCancellation of policyhttps://jtnylaw.com/2019/05/new-york-discovery-rules-personal-injury-good-faith-affirmation-cashbamba/https://jtnylaw.com/2019/05/new-york-discovery-rules-personal-injury-good-faith-affirmation-cashbamba/Learn critical New York discovery rules for personal injury cases. Cashbamba case analysis on good faith affirmations. Call 516-750-0595 for help.Sat, 04 May 2019 00:38:12 GMTDiscoveryhttps://jtnylaw.com/2019/05/insurance-bad-faith-claims-new-york-progressive-liang/https://jtnylaw.com/2019/05/insurance-bad-faith-claims-new-york-progressive-liang/Expert analysis of insurance bad faith claims in New York. Learn from the Liang v Progressive case and protect your rights. Call 516-750-0595 for help.Thu, 02 May 2019 00:11:06 GMTBad Faithhttps://jtnylaw.com/2019/05/how-much-error-is-harmless/https://jtnylaw.com/2019/05/how-much-error-is-harmless/NY appellate court case examining when evidentiary errors are considered harmless, covering social media photo admissibility and medical record authentication standards.Wed, 01 May 2019 23:49:42 GMTEvidencehttps://jtnylaw.com/2019/05/causation-not-enough-to-state-pre-existing/https://jtnylaw.com/2019/05/causation-not-enough-to-state-pre-existing/Court finds that medical reports citing only degenerative changes fail to eliminate factual disputes when they don't address patient's lack of pre-accident pain complaints.Wed, 01 May 2019 23:44:59 GMTNo-Faulthttps://jtnylaw.com/2019/04/discovery-penalty-dismissal/https://jtnylaw.com/2019/04/discovery-penalty-dismissal/NY court dismisses medical provider's no-fault case for discovery violations and refusal to answer deposition questions about doctor's business interestsTue, 30 Apr 2019 22:28:34 GMTDiscoveryMallela issueshttps://jtnylaw.com/2019/04/collateral-estoppel-new-york-personal-injury-cases-long-island-lawyer/https://jtnylaw.com/2019/04/collateral-estoppel-new-york-personal-injury-cases-long-island-lawyer/Expert analysis of collateral estoppel in NY personal injury litigation. Learn how prior proceedings may affect your case. Call 516-750-0595 for guidance.Tue, 30 Apr 2019 22:06:56 GMTcollateral estoppelPersonal Injuryhttps://jtnylaw.com/2019/04/acupuncture-billing-codes-new-york-no-fault-insurance-long-island-lawyer/https://jtnylaw.com/2019/04/acupuncture-billing-codes-new-york-no-fault-insurance-long-island-lawyer/Expert analysis of NY acupuncture billing codes & no-fault insurance disputes. Learn your rights when insurance denies treatment. Call 516-750-0595 for help.Wed, 24 Apr 2019 19:07:21 GMTFee ScheduleNo-Faulthttps://jtnylaw.com/2019/04/the-need-for-contemporaneous-records/https://jtnylaw.com/2019/04/the-need-for-contemporaneous-records/Second Department clarifies that contemporaneous medical examinations aren't required to defeat summary judgment motions under Insurance Law § 5102(d).Wed, 10 Apr 2019 23:03:08 GMT5102(d) issuesCausationhttps://jtnylaw.com/2019/04/provider-euo-requests/https://jtnylaw.com/2019/04/provider-euo-requests/New York court reaffirms established EUO timing rules in First Class Med. v Ameriprise, confirming that proper EUO requests toll insurer payment deadlines under existing Arco precedent.Wed, 10 Apr 2019 22:56:31 GMTEUO issueshttps://jtnylaw.com/2019/04/witness-credibility-personal-injury-medical-testimony-new-york/https://jtnylaw.com/2019/04/witness-credibility-personal-injury-medical-testimony-new-york/Understanding witness credibility standards in NY personal injury law. Expert analysis of medical testimony, expert witnesses & courtroom credibility. Call 516-750-0595.Wed, 10 Apr 2019 22:29:22 GMTMedical Necessityhttps://jtnylaw.com/2019/04/causation-personal-injury-5102d-new-york/https://jtnylaw.com/2019/04/causation-personal-injury-5102d-new-york/Understanding causation standards in NY personal injury law. Expert analysis of 5102(d) requirements, medical evidence & expert testimony. Call 516-750-0595.Thu, 04 Apr 2019 21:05:45 GMTCausationhttps://jtnylaw.com/2019/04/staged-accident-legal-analysis-new-york/https://jtnylaw.com/2019/04/staged-accident-legal-analysis-new-york/Expert legal analysis of staged accident cases in NY. Understanding evidence requirements, defense strategies & court procedures. Call 516-750-0595.Thu, 04 Apr 2019 20:36:11 GMTStaged losshttps://jtnylaw.com/2019/04/assignment-of-benefits-new-york-patients-standing-sue-aob/https://jtnylaw.com/2019/04/assignment-of-benefits-new-york-patients-standing-sue-aob/Learn when NY patients retain standing to sue despite assignment of benefits. AOB exceptions and legal requirements. Call 516-750-0595 for expert help.Tue, 02 Apr 2019 03:02:35 GMTAssignment of Benefitshttps://jtnylaw.com/2019/04/master-arbitrator-review-standards-new-york-no-fault-vacated/https://jtnylaw.com/2019/04/master-arbitrator-review-standards-new-york-no-fault-vacated/Learn master arbitrator review standards in NY no-fault cases. When can decisions be vacated? Expert legal analysis. Call 516-750-0595 for help.Tue, 02 Apr 2019 02:51:27 GMTArticle 75https://jtnylaw.com/2019/04/trial-de-novo-default-judgment-new-york-no-fault-insurance/https://jtnylaw.com/2019/04/trial-de-novo-default-judgment-new-york-no-fault-insurance/Learn trial de novo default judgment requirements in NY no-fault insurance cases. Essential procedural guidance. Call 516-750-0595 for legal help.Tue, 02 Apr 2019 02:46:19 GMTDefaultshttps://jtnylaw.com/2019/04/euo-summary-judgment-requirements-new-york-insurance-proof/https://jtnylaw.com/2019/04/euo-summary-judgment-requirements-new-york-insurance-proof/Learn EUO summary judgment requirements in NY no-fault cases. What insurance companies must prove vs. what they don't. Call 516-750-0595 for help.Tue, 02 Apr 2019 01:36:52 GMTEUO issueshttps://jtnylaw.com/2019/04/euo-requirements-new-york-no-fault-insurance-justification/https://jtnylaw.com/2019/04/euo-requirements-new-york-no-fault-insurance-justification/Learn about EUO requirements in New York no-fault insurance. When carriers don't need justification. Call 516-750-0595 for expert legal help.Tue, 02 Apr 2019 01:05:54 GMTEUO issueshttps://jtnylaw.com/2019/03/another-arbitration-only-rule-bites-the-dust/https://jtnylaw.com/2019/03/another-arbitration-only-rule-bites-the-dust/NY Appellate Division vacates arbitral award in no-fault insurance case, requiring de novo hearing on causation for post-accident medical equipment claims.Sat, 23 Mar 2019 23:13:52 GMTArticle 75Causationhttps://jtnylaw.com/2019/03/verification-again/https://jtnylaw.com/2019/03/verification-again/New Horizon Surgical case analysis: Court dismisses no-fault claim when plaintiff's affidavit failed to include requested informed consent form despite claiming full compliance.Thu, 21 Mar 2019 00:22:39 GMTAdditional Verificationhttps://jtnylaw.com/2019/03/discovery/https://jtnylaw.com/2019/03/discovery/New York no-fault insurance discovery rules and deposition requirements in PIP litigation, including procedural requirements and cost implications for legal strategy.Thu, 21 Mar 2019 00:15:48 GMTDiscoveryhttps://jtnylaw.com/2019/03/pre-existing-injuries-new-york-personal-injury-cases-what-you-need-to-know/https://jtnylaw.com/2019/03/pre-existing-injuries-new-york-personal-injury-cases-what-you-need-to-know/Learn how pre-existing conditions affect NY personal injury cases. Expert legal guidance for Long Island accidents. Call 516-750-0595 for free consultation.Thu, 21 Mar 2019 00:02:11 GMTCausationhttps://jtnylaw.com/2019/03/the-powers-of-a-court-to-vacate-an-arbitration-award/https://jtnylaw.com/2019/03/the-powers-of-a-court-to-vacate-an-arbitration-award/Learn about court powers to vacate arbitration awards in NY no-fault insurance cases. Key legal standards and real case analysis from Miller v Elrac.Tue, 12 Mar 2019 00:15:05 GMTArbitrationshttps://jtnylaw.com/2019/03/interest-through-payment/https://jtnylaw.com/2019/03/interest-through-payment/Queens County court rules 2% monthly interest continues on no-fault claims even after judgment entry, rejecting Appellate Term's suggestion of 9% annual rate.Tue, 12 Mar 2019 00:04:26 GMTinteresthttps://jtnylaw.com/2019/03/service-again/https://jtnylaw.com/2019/03/service-again/New York court ruling shows how proper re-service during pending motion can cure jurisdictional defects and save plaintiff's case from dismissal.Sun, 03 Mar 2019 01:18:28 GMTJurisdictionhttps://jtnylaw.com/2019/03/civil-court-lacks-jurisdiction-declaratory-judgment-ny/https://jtnylaw.com/2019/03/civil-court-lacks-jurisdiction-declaratory-judgment-ny/NY Civil Court lacks jurisdiction over declaratory judgment actions. Get expert insurance litigation help. Call 516-750-0595 for free consultation.Sun, 03 Mar 2019 01:07:10 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2019/03/no-fault-opposition-papers-appeal-errors-ny/https://jtnylaw.com/2019/03/no-fault-opposition-papers-appeal-errors-ny/Poor no-fault opposition papers cannot be remedied on appeal in NY. Get expert legal help for healthcare providers. Call 516-750-0595 free consult.Sun, 03 Mar 2019 00:58:06 GMTIME issueshttps://jtnylaw.com/2019/03/the-provider-must-show-up/https://jtnylaw.com/2019/03/the-provider-must-show-up/New York no-fault insurance case where provider lost benefits for failing to appear at EUO. Court ruled insurer met burden for summary judgment dismissal.Sun, 03 Mar 2019 00:50:55 GMTEUO issueshttps://jtnylaw.com/2019/02/appellate-term-first-department-gives-expansive-reading-to-cca-212-a/https://jtnylaw.com/2019/02/appellate-term-first-department-gives-expansive-reading-to-cca-212-a/Appellate Term expands Civil Court jurisdiction for no-fault insurance disputes under CCA 212-a, allowing cases up to $25,000 following arbitrator awards exceeding $5,000.Sat, 16 Feb 2019 03:02:51 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2019/02/ny-aggravation-pre-existing-injury-law/https://jtnylaw.com/2019/02/ny-aggravation-pre-existing-injury-law/Legal guide to aggravation of pre-existing injuries in NY personal injury law. Ortiz v Boamah case analysis. Call 516-750-0595 for help.Sat, 16 Feb 2019 02:55:16 GMTPersonal Injuryhttps://jtnylaw.com/2019/02/ny-no-fault-insurance-fee-schedules-guide/https://jtnylaw.com/2019/02/ny-no-fault-insurance-fee-schedules-guide/Complete guide to NY no-fault insurance fee schedules. How changes affect patients and providers. Call 516-750-0595 for legal help.Sat, 16 Feb 2019 02:46:24 GMTPersonal Injuryhttps://jtnylaw.com/2019/02/ny-insurance-subpoena-enforcement-fair-hearing-rights/https://jtnylaw.com/2019/02/ny-insurance-subpoena-enforcement-fair-hearing-rights/Expert analysis of NY insurance subpoena enforcement and fair hearing rights. Global Liberty case shows importance of due process. Call 516-750-0595.Mon, 04 Feb 2019 02:23:05 GMT4404(a) & weight of evidence reviewProcedural Issueshttps://jtnylaw.com/2019/01/ny-no-fault-serious-injury-threshold-medical-necessity/https://jtnylaw.com/2019/01/ny-no-fault-serious-injury-threshold-medical-necessity/Expert analysis of NY no-fault insurance law: how serious injury thresholds intersect with medical necessity. Ampofo case insights. Call 516-750-0595.Thu, 31 Jan 2019 06:25:04 GMT5102(d) issuesMedical Necessityhttps://jtnylaw.com/2019/01/trip-fall-verdicts-overturned-ny-actionable-defects/https://jtnylaw.com/2019/01/trip-fall-verdicts-overturned-ny-actionable-defects/Learn why a $650K trip and fall verdict was overturned in Rambarran case. Expert analysis of actionable defects in NY premises liability. Call 516-750-0595.Mon, 28 Jan 2019 22:51:44 GMTPremises Liabilityhttps://jtnylaw.com/2019/01/medical-malpractice-burden-proof-ny-expert-testimony/https://jtnylaw.com/2019/01/medical-malpractice-burden-proof-ny-expert-testimony/Expert analysis of NY medical malpractice burden of proof requirements. Wei Lin case shows why proper expert testimony matters. Call 516-750-0595 for consultation.Mon, 28 Jan 2019 22:34:40 GMTMedical Necessityhttps://jtnylaw.com/2019/01/business-records-from-another-mother/https://jtnylaw.com/2019/01/business-records-from-another-mother/Court rules on admissibility of business records from liquidated insurance company in no-fault case, exploring the incorporation doctrine for successor entities.Mon, 28 Jan 2019 22:01:43 GMTBusiness recordshttps://jtnylaw.com/2019/01/discovery-rules-summary-judgment-timing-ny-personal-injury/https://jtnylaw.com/2019/01/discovery-rules-summary-judgment-timing-ny-personal-injury/Learn NY discovery rules and summary judgment timing in personal injury cases. Corvino decision warns against premature motions. Call 516-750-0595.Thu, 17 Jan 2019 22:33:36 GMTDiscoveryhttps://jtnylaw.com/2019/01/affidavit-translation-requirements-ny-employment-law/https://jtnylaw.com/2019/01/affidavit-translation-requirements-ny-employment-law/Learn about affidavit and translation requirements in NY employment cases. Watabe decision clarifies when translator affidavits are needed. Call 516-750-0595.Thu, 17 Jan 2019 22:26:18 GMTAffidavitshttps://jtnylaw.com/2019/01/insurance-bad-faith-claims-new-york-your-rights/https://jtnylaw.com/2019/01/insurance-bad-faith-claims-new-york-your-rights/Learn about insurance bad faith claims in New York. Understand your rights when insurers act unfairly. Call 516-750-0595 for a consultation.Thu, 17 Jan 2019 22:20:41 GMTBad Faithhttps://jtnylaw.com/2019/01/expert-witness-testimony-requirements-ny-personal-injury-cases/https://jtnylaw.com/2019/01/expert-witness-testimony-requirements-ny-personal-injury-cases/Learn NY expert witness testimony requirements for personal injury cases. Understanding scope of practice limitations. Call 516-750-0595 for consultation.Thu, 17 Jan 2019 22:05:57 GMTNo-Faulthttps://jtnylaw.com/2019/01/april-2019-add-18-months-for-no-fault-a-new-fee-schedule/https://jtnylaw.com/2019/01/april-2019-add-18-months-for-no-fault-a-new-fee-schedule/New April 2019 Workers Compensation fee schedule changes affecting NY no-fault insurance: chiropractic billing limits, eliminated ROM/MTT/PFT, reduced EMG costs, and PT rate increases.Wed, 16 Jan 2019 04:56:21 GMTFee Schedulehttps://jtnylaw.com/2018/12/junk-science/https://jtnylaw.com/2018/12/junk-science/Court case analyzing biomechanical expert testimony and causation standards in New York personal injury law, focusing on delta-v calculations and serious injury thresholds.Fri, 28 Dec 2018 04:12:06 GMTCausationhttps://jtnylaw.com/2018/12/ny-no-fault-arbitration-priority-payment-award-challenges/https://jtnylaw.com/2018/12/ny-no-fault-arbitration-priority-payment-award-challenges/Expert guide to NY no-fault arbitration priority payment disputes and award challenges. CPLR 7511 guidance. Long Island attorneys. Call 516-750-0595.Wed, 26 Dec 2018 08:22:07 GMTPriority of Paymenthttps://jtnylaw.com/2018/12/ny-economic-loss-recovery-without-serious-injury-threshold/https://jtnylaw.com/2018/12/ny-economic-loss-recovery-without-serious-injury-threshold/Learn when you can recover economic losses over $50K without proving serious injury under NY law. Expert Long Island attorneys. Call 516-750-0595 free consult.Sat, 22 Dec 2018 23:19:05 GMT5102(d) issueshttps://jtnylaw.com/2018/12/ny-no-fault-occupying-vehicle-coverage-long-island/https://jtnylaw.com/2018/12/ny-no-fault-occupying-vehicle-coverage-long-island/Understand NY no-fault insurance occupying vehicle coverage disputes. Expert Long Island attorneys help with GEICO coverage denials. Call 516-750-0595 free consult.Sat, 22 Dec 2018 22:45:06 GMTNo-Faulthttps://jtnylaw.com/2018/12/no-fault-litigation-delay-tactics-primary-jurisdiction/https://jtnylaw.com/2018/12/no-fault-litigation-delay-tactics-primary-jurisdiction/Insurance companies use delay tactics to avoid paying no-fault claims. Learn how courts combat these strategies and protect your rights. Call 516-750-0595 for help.Sat, 22 Dec 2018 22:34:41 GMTProcedural Issueshttps://jtnylaw.com/2018/12/ny-insurance-regulations-retroactive-application-dfs/https://jtnylaw.com/2018/12/ny-insurance-regulations-retroactive-application-dfs/New DFS insurance regulations typically apply prospectively, not retroactively. Learn your rights when insurance companies change claim rules mid-process. Call 516-750-0595Sat, 22 Dec 2018 22:26:45 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2018/12/ny-no-fault-insurance-verification-requests-mailing/https://jtnylaw.com/2018/12/ny-no-fault-insurance-verification-requests-mailing/Insurance companies use verification requests to delay no-fault benefits. Learn your rights regarding verification mailing, responses & dispute tactics. Call 516-750-0595Wed, 19 Dec 2018 20:48:30 GMTAdditional VerificationMailinghttps://jtnylaw.com/2018/12/medical-billing-down-coding-no-fault-insurance-ny/https://jtnylaw.com/2018/12/medical-billing-down-coding-no-fault-insurance-ny/Insurance companies reduce medical bills through down-coding. Learn your rights when CPT codes are changed and how to challenge improper billing decisions. Call 516-750-0595Wed, 19 Dec 2018 02:44:53 GMTFee Schedulehttps://jtnylaw.com/2018/12/ny-no-fault-insurance-business-records-claims/https://jtnylaw.com/2018/12/ny-no-fault-insurance-business-records-claims/Insurance companies try technical defenses to deny NY no-fault benefits. Learn how business records rule & choice of law protects your claim. Call 516-750-0595Wed, 19 Dec 2018 02:35:07 GMTBusiness recordsChoice of lawhttps://jtnylaw.com/2018/12/post-judgment-interest-at-9/https://jtnylaw.com/2018/12/post-judgment-interest-at-9/New York court clarifies post-judgment interest calculation at 9% per year in no-fault insurance cases, distinguishing between statutory rates and payment procedures.Wed, 19 Dec 2018 02:31:34 GMTinteresthttps://jtnylaw.com/2018/12/we-have-to-move-these-cases-timely/https://jtnylaw.com/2018/12/we-have-to-move-these-cases-timely/Court wrongly precluded expert witnesses despite no prejudice, emphasizing case timeline over proper CPLR 4404 analysis in no-fault insurance dispute.Wed, 19 Dec 2018 02:19:19 GMT4404(a) & weight of evidence reviewhttps://jtnylaw.com/2018/12/policy-exhaustion/https://jtnylaw.com/2018/12/policy-exhaustion/NY court rulings on no-fault insurance policy exhaustion defenses, including when insurers can claim coverage limits reached after denying claims improperly.Tue, 18 Dec 2018 23:35:49 GMTPolicy Exhaustionhttps://jtnylaw.com/2018/12/reasonable-excuse/https://jtnylaw.com/2018/12/reasonable-excuse/New York appellate court rules that clerical error alone cannot justify sending no-fault forms to wrong insurer, emphasizing strict compliance with 45-day claim requirements.Tue, 18 Dec 2018 23:31:06 GMTTimely notice of claimhttps://jtnylaw.com/2018/12/provider-euo-letter-serve-to-delay-the-bills/https://jtnylaw.com/2018/12/provider-euo-letter-serve-to-delay-the-bills/New York court ruling on EUO timing requirements and toll provisions for no-fault insurance claims, addressing when scheduling letters affect subsequent bills.Tue, 18 Dec 2018 23:27:27 GMTEUO issueshttps://jtnylaw.com/2018/12/7706/https://jtnylaw.com/2018/12/7706/Court rules EUO request sent over 30 days after claim receipt is invalid, reinforcing strict timing requirements in New York no-fault insurance cases.Tue, 18 Dec 2018 23:15:12 GMTEUO issueshttps://jtnylaw.com/2018/12/severance-denied/https://jtnylaw.com/2018/12/severance-denied/NY court denies severance motion in no-fault insurance case involving separate accidents, citing lack of prejudice to substantial rights under CPLR 603.Tue, 18 Dec 2018 23:04:31 GMTSeverencehttps://jtnylaw.com/2018/12/no-policy-no-coverage/https://jtnylaw.com/2018/12/no-policy-no-coverage/New York court confirms that insurance companies can defeat no-fault claims by proving no policy existed at the time of accident through proper affidavit evidence.Tue, 18 Dec 2018 22:56:39 GMTCoveragehttps://jtnylaw.com/2018/12/first-department-applying-a-stringent-default-vactur-standard/https://jtnylaw.com/2018/12/first-department-applying-a-stringent-default-vactur-standard/First Department applies stringent default vacatur standard in Tri-State v Hereford, requiring reasonable excuse and meritorious defense despite public policy favoring merits.Tue, 18 Dec 2018 22:53:32 GMTNo-Faulthttps://jtnylaw.com/2018/12/the-role-of-reply/https://jtnylaw.com/2018/12/the-role-of-reply/Court of Appeals clarifies when defendants can raise new factual arguments on appeal, highlighting the strategic importance of reply briefs in motion practice.Tue, 18 Dec 2018 22:47:59 GMTMotion issueshttps://jtnylaw.com/2018/12/mallela-or-was-it/https://jtnylaw.com/2018/12/mallela-or-was-it/Court distinguishes between Mallela defense and over-billing claims in no-fault insurance case, ruling that billing fraud doesn't qualify for extended defense timeline.Tue, 18 Dec 2018 22:38:46 GMTAttorney feeCoveragehttps://jtnylaw.com/2018/12/serious-injury-pl-10-0010-v-ins-law-5102d/https://jtnylaw.com/2018/12/serious-injury-pl-10-0010-v-ins-law-5102d/Comparison of 'serious injury' definitions between New York Penal Law 10.00(10) and Insurance Law 5102(d) in People v Garland, examining evidentiary standards.Sun, 02 Dec 2018 00:21:26 GMTNo-Faulthttps://jtnylaw.com/2018/11/not-based-on-an-examination/https://jtnylaw.com/2018/11/not-based-on-an-examination/Court rules medical affirmation insufficient when not based on patient examination and fails to rebut defendant's examining physician findings.Sat, 01 Dec 2018 03:50:29 GMTMedical Necessityhttps://jtnylaw.com/2018/11/7675/https://jtnylaw.com/2018/11/7675/Court ruling clarifies that insurance companies can use different expert witnesses to testify about peer review reports in no-fault cases, expanding defense flexibility.Sat, 01 Dec 2018 03:41:40 GMTExpertshttps://jtnylaw.com/2018/11/7671/https://jtnylaw.com/2018/11/7671/Court ruling clarifies that insurance company's internal mail handling procedures are irrelevant when proving proper mailing of EUO scheduling letters under CPLR 3212(g).Sat, 01 Dec 2018 03:35:19 GMTMailinghttps://jtnylaw.com/2018/11/7667/https://jtnylaw.com/2018/11/7667/Court ruling establishes that preliminary conference orders are binding stipulations, requiring fraud or duress to vacate under New York law.Thu, 29 Nov 2018 06:04:19 GMTStipulationshttps://jtnylaw.com/2018/11/7664/https://jtnylaw.com/2018/11/7664/Court ruling clarifies that gaps in medical treatment only matter for causation issues when defendants fail to establish prima facie lack of causation in serious injury claims.Thu, 29 Nov 2018 05:57:25 GMT5102(d) issueshttps://jtnylaw.com/2018/11/discovery-what-is-material-and-necessary/https://jtnylaw.com/2018/11/discovery-what-is-material-and-necessary/Court ruling on physician-patient privilege waiver in personal injury discovery - what medical records are material and necessary when claiming lost earnings.Wed, 28 Nov 2018 03:26:58 GMTDiscoveryhttps://jtnylaw.com/2018/11/default-vacated/https://jtnylaw.com/2018/11/default-vacated/Second Department vacates default judgment in GEICO v Avenue C Medical, ruling that law office failure from miscommunication between counsel constitutes reasonable excuse under CPLR 5015. Long Island no-fault defense.Mon, 26 Nov 2018 03:17:01 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2018/11/court-approves-of-service-in-the-court-room/https://jtnylaw.com/2018/11/court-approves-of-service-in-the-court-room/New York court clarifies that defendants can be served with legal papers even inside courtrooms, rejecting the misconception that courthouse appearances provide immunity from service.Mon, 26 Nov 2018 03:14:29 GMTJurisdictionhttps://jtnylaw.com/2018/11/7649/https://jtnylaw.com/2018/11/7649/Analysis of Pavlova v Allstate case on "by report" billing requirements and verification procedures in NY no-fault insurance claims (156 chars)Mon, 26 Nov 2018 02:49:02 GMTFee Schedulehttps://jtnylaw.com/2018/11/objective-reasons-not-necessary-to-prove-an-euo-no-show-defense/https://jtnylaw.com/2018/11/objective-reasons-not-necessary-to-prove-an-euo-no-show-defense/Recent NY court rulings clarify insurers don't need objective reasons to request EUOs when proving no-show defense, though proper objections can change this dynamic.Mon, 26 Nov 2018 02:13:34 GMTEUO issueshttps://jtnylaw.com/2018/11/120-day-rule-rebutted/https://jtnylaw.com/2018/11/120-day-rule-rebutted/Court ruling shows affidavit alone can create triable issue on verification receipt despite 120-day rule, prompting questions about documentary evidence standards.Mon, 26 Nov 2018 02:10:48 GMTAdditional Verificationhttps://jtnylaw.com/2018/11/prima-facie-staged-accident/https://jtnylaw.com/2018/11/prima-facie-staged-accident/New York Appellate Term ruling on staged accident defense in no-fault insurance cases — how EUO testimony establishes prima facie evidence of no insured incident.Tue, 20 Nov 2018 02:20:06 GMTCoveragehttps://jtnylaw.com/2018/11/the-existence-of-a-workers-compensation-award-is-lack-of-coverage/https://jtnylaw.com/2018/11/the-existence-of-a-workers-compensation-award-is-lack-of-coverage/Court rules workers compensation award creates coverage defense in no-fault cases, changing how insurers can challenge medical billing claims under NY law.Tue, 20 Nov 2018 02:12:36 GMTWorkers Compensationhttps://jtnylaw.com/2018/11/nationwide-took-an-ax-to-unitrin/https://jtnylaw.com/2018/11/nationwide-took-an-ax-to-unitrin/Fourth Department clarifies EUO nonappearance defense as policy exclusion rather than coverage matter in Nationwide v Jamaica Wellness Medical declaratory judgment case.Sun, 18 Nov 2018 06:18:52 GMTDeclaratory Judgmentshttps://jtnylaw.com/2018/11/mr-ortega-why-did-you-lie-to-us/https://jtnylaw.com/2018/11/mr-ortega-why-did-you-lie-to-us/Ortega v Healthcare Services Group case analysis - plaintiff's incomplete disclosure of health history leads to jury verdict favoring defendant on causation and damages.Thu, 15 Nov 2018 21:57:37 GMT4404(a) & weight of evidence review5102(d) issueshttps://jtnylaw.com/2018/11/stipulation-not-strictly-enforced/https://jtnylaw.com/2018/11/stipulation-not-strictly-enforced/Court rules on debt collection case where borrower missed one payment after paying $45,000, examining whether strict enforcement of settlement stipulation was appropriate.Thu, 15 Nov 2018 02:12:35 GMTStipulationshttps://jtnylaw.com/2018/11/shoulder-surgery-with-physical-therapy-valued-at-550000/https://jtnylaw.com/2018/11/shoulder-surgery-with-physical-therapy-valued-at-550000/Court reduces $1.15M jury award to $550K for shoulder surgery case, highlighting how trial courts evaluate excessive pain and suffering damages in personal injury claims.Thu, 15 Nov 2018 02:00:17 GMT4404(a) & weight of evidence reviewhttps://jtnylaw.com/2018/11/timely-notice/https://jtnylaw.com/2018/11/timely-notice/Court ruling reinforces 30-day notice requirement for no-fault claims, with insurance company successfully defending late notice denial under 11 NYCRR 65-1.1.Wed, 14 Nov 2018 01:18:04 GMTTimely notice of claimhttps://jtnylaw.com/2018/11/a-basic-euo-no-show/https://jtnylaw.com/2018/11/a-basic-euo-no-show/NY appellate court ruling on EUO no-show requirements: insurers must prove two proper demands, two failures to appear, and timely denial for summary judgment.Wed, 14 Nov 2018 01:12:01 GMTEUO issueshttps://jtnylaw.com/2018/11/electronic-signatutres/https://jtnylaw.com/2018/11/electronic-signatutres/New York courts have evolved to accept electronic signatures on physician reports, overturning earlier restrictive precedents in personal injury litigation.Thu, 08 Nov 2018 04:32:52 GMTAffidavitshttps://jtnylaw.com/2018/11/202-48-settle-an-order/https://jtnylaw.com/2018/11/202-48-settle-an-order/Court rules on discretionary application of 60-day settlement order deadline, prioritizing judicial efficiency over strict procedural compliance in liability cases.Thu, 08 Nov 2018 04:28:24 GMTProcedural Issueshttps://jtnylaw.com/2018/10/eips-payment-of-assigned-billings-confers-standing-back-to-eip/https://jtnylaw.com/2018/10/eips-payment-of-assigned-billings-confers-standing-back-to-eip/Court rules that assigned medical billing payments can restore standing for no-fault insurance claims when coverage is denied due to causation disputes.Wed, 31 Oct 2018 23:38:18 GMTStandinghttps://jtnylaw.com/2018/10/20-deficit-is-a-serious-injury/https://jtnylaw.com/2018/10/20-deficit-is-a-serious-injury/Court ruling establishes that a 20% deficit in cervical spine flexion constitutes a serious injury under New York's no-fault insurance threshold requirements.Wed, 31 Oct 2018 20:09:29 GMT5102(d) issueshttps://jtnylaw.com/2018/10/court-of-appeals-upholds-dismissal-of-a-5102d-case-4-3/https://jtnylaw.com/2018/10/court-of-appeals-upholds-dismissal-of-a-5102d-case-4-3/NY Court of Appeals affirms dismissal of 5102(d) case in Rosa v Delacruz - plaintiff's medical evidence failed to address causation issues with rotator cuff tears.Thu, 25 Oct 2018 21:18:13 GMT5102(d) issueshttps://jtnylaw.com/2018/10/a-procedural-gem-affidavit-as-probative-evidence/https://jtnylaw.com/2018/10/a-procedural-gem-affidavit-as-probative-evidence/Court ruling demonstrates that affidavits can serve as competent evidence even when referencing underlying documents not produced, providing valuable precedent for no-fault cases.Thu, 25 Oct 2018 20:57:25 GMTEvidencehttps://jtnylaw.com/2018/10/fraudulent-procurement-of-insurance-has-serious-consequences/https://jtnylaw.com/2018/10/fraudulent-procurement-of-insurance-has-serious-consequences/New Jersey's strict insurance compliance requirements bar claims when drivers fail to maintain state-approved coverage, highlighting jurisdictional challenges in auto accident cases.Sat, 20 Oct 2018 19:53:08 GMTJurisdictionhttps://jtnylaw.com/2018/10/causation-on-a-degeneration/https://jtnylaw.com/2018/10/causation-on-a-degeneration/Court ruling shows how plaintiffs can overcome preexisting condition defenses in personal injury cases by proving conditions were asymptomatic before the accident.Wed, 10 Oct 2018 20:45:05 GMT5102(d) issuesCausationhttps://jtnylaw.com/2018/10/the-interesecton-of-the-note-of-issue-and-timely-summary-judgment-motion/https://jtnylaw.com/2018/10/the-interesecton-of-the-note-of-issue-and-timely-summary-judgment-motion/Analysis of Khan v Macchia case on Note of Issue filing and summary judgment motion deadlines when discovery remains incomplete in NY personal injury litigation.Wed, 10 Oct 2018 20:17:11 GMTNotice of Trial issueshttps://jtnylaw.com/2018/10/another-way-to-take-a-default/https://jtnylaw.com/2018/10/another-way-to-take-a-default/New York courts handle default judgment applications differently by region, with upstate requiring ex-parte motions while downstate uses notice procedures.Wed, 10 Oct 2018 20:03:05 GMTDefaultshttps://jtnylaw.com/2018/10/waiting-to-conduct-discovery-fatal-to-3212f-claim/https://jtnylaw.com/2018/10/waiting-to-conduct-discovery-fatal-to-3212f-claim/Court rules plaintiff's 3-year delay in discovery fatal to CPLR 3212(f) motion - inaction constitutes acquiescence to summary judgment timing.Wed, 10 Oct 2018 19:46:20 GMTDiscoverySummary Judgment Issueshttps://jtnylaw.com/2018/09/the-marathon-runner/https://jtnylaw.com/2018/09/the-marathon-runner/Court dismisses no-fault case after plaintiff completed marathon post-accident, demonstrating no significant permanent injury to ankles or knees.Sat, 29 Sep 2018 19:56:05 GMTNo-Faulthttps://jtnylaw.com/2018/09/the-first-department-dismisses-a-medical-necessity-case/https://jtnylaw.com/2018/09/the-first-department-dismisses-a-medical-necessity-case/First Department dismisses medical necessity case where plaintiff's affidavit failed to rebut IME findings, lacking examination of assignor and meaningful response.Sat, 29 Sep 2018 19:50:24 GMTMedical Necessityhttps://jtnylaw.com/2018/09/a-65-3-2-sighting/https://jtnylaw.com/2018/09/a-65-3-2-sighting/Village Medical Supply case shows insurance carriers can use 11 NYCRR 65-3.2(c) to defend verification requests, marking a shift in no-fault insurance litigation strategy.Sat, 29 Sep 2018 19:27:02 GMTFee Schedulehttps://jtnylaw.com/2018/09/this-one-gave-me-pause/https://jtnylaw.com/2018/09/this-one-gave-me-pause/Attorney reflects on a difficult MAPFRE v Callahan case where opposing counsel failed to appear, resulting in default judgment and denied vacatur motion.Sat, 15 Sep 2018 21:59:26 GMTLaw Office Failurehttps://jtnylaw.com/2018/08/a-second-affidavit-to-clarify-is-allowed/https://jtnylaw.com/2018/08/a-second-affidavit-to-clarify-is-allowed/Court ruling clarifies when second affidavits are permissible in legal proceedings, allowing clarification that amplifies but doesn't contradict original testimony.Thu, 23 Aug 2018 20:20:22 GMTAffidavitshttps://jtnylaw.com/2018/08/when-is-reargument-granted/https://jtnylaw.com/2018/08/when-is-reargument-granted/Court grants reargument when it reviews the merits of a motion, even without formally stating so. Learn how this procedural principle works in practice.Thu, 23 Aug 2018 20:16:46 GMTRenew and rearguehttps://jtnylaw.com/2018/08/an-unsigned-osc-on-appeal-procedure/https://jtnylaw.com/2018/08/an-unsigned-osc-on-appeal-procedure/Appeals court procedure when a trial court declines to sign a proposed order to show cause, including when leave to appeal is required versus direct appellate review.Thu, 23 Aug 2018 20:05:29 GMTProcedural Issueshttps://jtnylaw.com/2018/08/policy-exhaustion-goes-to-madison-avenue-someone-from-the-insurance-defense-side-should-be-putting-in-amicu/https://jtnylaw.com/2018/08/policy-exhaustion-goes-to-madison-avenue-someone-from-the-insurance-defense-side-should-be-putting-in-amicu/Ameriprise v Kensington Radiology: Court grants appeal on $50,000 policy exhaustion defense in NY no-fault insurance arbitration award case.Thu, 23 Aug 2018 18:56:28 GMTCoveragePolicy Exhaustionhttps://jtnylaw.com/2018/08/cplr-2001-again-as-to-pleadings-in-the-dis-positive-application-to-the-court/https://jtnylaw.com/2018/08/cplr-2001-again-as-to-pleadings-in-the-dis-positive-application-to-the-court/Court excuses plaintiff's error under CPLR 2001 in Sensible Choice v Rodger, showing defects ignored absent prejudice.Sat, 18 Aug 2018 23:24:34 GMTSummary Judgment Issueshttps://jtnylaw.com/2018/07/euo-ebt-now-i-know-how-much-mr-moshe-makes/https://jtnylaw.com/2018/07/euo-ebt-now-i-know-how-much-mr-moshe-makes/Nassau County court case about no-fault insurance EUO lost wages claim, where plaintiff sought $10,906 for earnings lost attending deposition but revealed $2.6M income.Fri, 27 Jul 2018 03:30:50 GMTLost wageshttps://jtnylaw.com/2018/07/second-department-once-again-now-recognizes-a-gap-in-treatment-as-a-basis-to-non-suit-plaintiffs/https://jtnylaw.com/2018/07/second-department-once-again-now-recognizes-a-gap-in-treatment-as-a-basis-to-non-suit-plaintiffs/Second Department follows First Department precedent, making gaps in medical treatment a viable defense against personal injury threshold claims again.Thu, 26 Jul 2018 02:56:56 GMT5102(d) issueshttps://jtnylaw.com/2018/07/bad-faith-and-allstate/https://jtnylaw.com/2018/07/bad-faith-and-allstate/Roemer v Allstate case analysis examining bad faith insurance claims, covenant of good faith and fair dealing, and consequential damages in New York insurance law.Sat, 21 Jul 2018 21:17:15 GMTBad Faithhttps://jtnylaw.com/2018/07/a-new-caveat-on-the-one-year-period-to-enter-a-judgment/https://jtnylaw.com/2018/07/a-new-caveat-on-the-one-year-period-to-enter-a-judgment/Court rules plaintiff's failure to enter default judgment within one year of calendar default constitutes abandonment under CPLR 3215(c), dismissing no-fault case.Sat, 21 Jul 2018 21:01:11 GMTDefaultshttps://jtnylaw.com/2018/07/a-declaratory-judgment-to-nowhere/https://jtnylaw.com/2018/07/a-declaratory-judgment-to-nowhere/Court rules default judgment in declaratory action against assignor doesn't determine provider's rights, can't preclude separate no-fault insurance claim.Sat, 21 Jul 2018 20:53:17 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2018/07/where-was-the-reasonable-excuse/https://jtnylaw.com/2018/07/where-was-the-reasonable-excuse/Two NY court cases examine reasonable excuse requirements for opening defaults in no-fault insurance litigation, highlighting challenges defendants face.Sat, 21 Jul 2018 20:51:46 GMTDeclaratory Judgment ActionDeclaratory JudgmentsDefaultshttps://jtnylaw.com/2018/07/did-you-go-to-the-funeral/https://jtnylaw.com/2018/07/did-you-go-to-the-funeral/Court reverses default judgment after plaintiff couldn't prove witness attended funeral to get trial adjournment, remanding for hearing on proof requirement.Sat, 21 Jul 2018 20:41:10 GMTAdjournmentshttps://jtnylaw.com/2018/07/va-substantive-law-ny-procedural-law/https://jtnylaw.com/2018/07/va-substantive-law-ny-procedural-law/New York courts apply substantive law from other states but use NY procedural law, as shown in this GEICO case involving Virginia insurance law and mailing requirements.Sat, 21 Jul 2018 20:35:33 GMTChoice of lawMailinghttps://jtnylaw.com/2018/07/cpm-now-it-is-up-to-dfs-and-wcb-to-address-the-problem/https://jtnylaw.com/2018/07/cpm-now-it-is-up-to-dfs-and-wcb-to-address-the-problem/Appellate Division rules CPM reimbursement must be at general public rental value. Analysis of 6-year no-fault insurance billing dispute and DFS/WCB regulatory gaps.Sat, 07 Jul 2018 23:35:59 GMTFee Schedulehttps://jtnylaw.com/2018/07/there-was-no-accident/https://jtnylaw.com/2018/07/there-was-no-accident/Pavlova v Allstate case analysis: when insurers successfully prove "no accident occurred" through examination under oath testimony to deny no-fault coverage claims.Sat, 07 Jul 2018 23:04:15 GMTCausationhttps://jtnylaw.com/2018/07/mua-trial-victory/https://jtnylaw.com/2018/07/mua-trial-victory/MUA trial victory shows how manipulation under anesthesia medical necessity disputes are resolved through expert testimony battles in New York no-fault cases.Sat, 07 Jul 2018 22:58:11 GMTMedical Necessityhttps://jtnylaw.com/2018/07/material-misrepresentation-defense-unsuccessful/https://jtnylaw.com/2018/07/material-misrepresentation-defense-unsuccessful/Court rejects insurance company's material misrepresentation defense, ruling insurer failed to prove it wouldn't have issued policy with correct information disclosed.Sat, 07 Jul 2018 22:44:20 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2018/06/dilemma-and-dogma/https://jtnylaw.com/2018/06/dilemma-and-dogma/Court ruling on EUO timing requirements in NY no-fault cases - insurer failed to prove compliance with 15-day deadline for examination under oath notices.Sat, 30 Jun 2018 23:04:30 GMTDeclaratory JudgmentsEUO issueshttps://jtnylaw.com/2018/06/lack-of-personal-jurisdiction-for-an-out-of-state-insurance-carrier/https://jtnylaw.com/2018/06/lack-of-personal-jurisdiction-for-an-out-of-state-insurance-carrier/Out-of-state insurance carriers can challenge personal jurisdiction in NY courts for no-fault claims. Key case analysis and jurisdictional requirements explained.Mon, 25 Jun 2018 18:03:11 GMTArbitrationshttps://jtnylaw.com/2018/06/15-minute-decision-begs-a-better-question/https://jtnylaw.com/2018/06/15-minute-decision-begs-a-better-question/Court ruling on acupuncture needle reinsertion claims raises questions about partial false billing defenses in NY no-fault insurance cases.Mon, 25 Jun 2018 17:41:54 GMTFee Schedulehttps://jtnylaw.com/2018/06/significant-limitaiton-prong-of-ins-law-5102d/https://jtnylaw.com/2018/06/significant-limitaiton-prong-of-ins-law-5102d/Analysis of significant limitation prong under Insurance Law 5102(d) in Schaubroeck v Moriarty, examining causation requirements and threshold standards.Mon, 18 Jun 2018 18:04:52 GMT5102(d) issueshttps://jtnylaw.com/2018/06/euo-no-show-case-objective-reasons-not-necessary-whats-next/https://jtnylaw.com/2018/06/euo-no-show-case-objective-reasons-not-necessary-whats-next/NY court rules insurers don't need objective reasons for EUO requests when providers fail to appear, but questions remain about remedies after valid excuses.Fri, 15 Jun 2018 17:56:16 GMTEUO issueshttps://jtnylaw.com/2018/06/new-trial-ordered-due-to-physician-unavailability/https://jtnylaw.com/2018/06/new-trial-ordered-due-to-physician-unavailability/New trial ordered when treating physician expert arrived without required original medical file and was unavailable for rescheduled testimony dates.Tue, 12 Jun 2018 00:15:38 GMTAdjournmentsExpertshttps://jtnylaw.com/2018/06/120-day-rule-crumbles/https://jtnylaw.com/2018/06/120-day-rule-crumbles/Court case analysis showing how the 120-day rule for no-fault insurance verification demands has been weakened, allowing claims to proceed despite procedural issues.Mon, 11 Jun 2018 23:56:44 GMTAdditional Verificationhttps://jtnylaw.com/2018/06/why-contemporaneous-medical-inquiry-should-not-be-the-loadstar-of-medical-necessity-determinaations/https://jtnylaw.com/2018/06/why-contemporaneous-medical-inquiry-should-not-be-the-loadstar-of-medical-necessity-determinaations/Court ruling demonstrates that medical conditions can evolve over time, challenging the emphasis on immediate post-accident medical examinations in necessity determinations.Fri, 08 Jun 2018 19:34:14 GMTMedical Necessityhttps://jtnylaw.com/2018/06/use-and-operation-again-again/https://jtnylaw.com/2018/06/use-and-operation-again-again/NY court finds excavator on public highway meets "use and operation" standard for no-fault coverage, even when temporarily parked and unattended during construction work.Fri, 08 Jun 2018 19:29:56 GMTUse and Operationhttps://jtnylaw.com/2018/06/bonus-attorneys-fees/https://jtnylaw.com/2018/06/bonus-attorneys-fees/Court clarifies attorney fee awards in no-fault arbitration appeals, establishing precedent for reasonable fee determination in master arbitration proceedings.Fri, 08 Jun 2018 19:07:09 GMTAttorney feehttps://jtnylaw.com/2018/06/proof-of-causation/https://jtnylaw.com/2018/06/proof-of-causation/New York personal injury case law on proving causation in accident claims. Analysis of Hernandez v Marcano regarding medical evidence requirements and causal connection standards.Mon, 04 Jun 2018 01:09:15 GMTCausationhttps://jtnylaw.com/2018/06/infants-compromise-order-not-needed-to-proceed-in-arbitration-in-assignee-case/https://jtnylaw.com/2018/06/infants-compromise-order-not-needed-to-proceed-in-arbitration-in-assignee-case/New York court rules that infant compromise orders aren't needed in no-fault arbitration when healthcare provider acts as assignee, not the infant patient as party.Mon, 04 Jun 2018 01:06:19 GMTArbitrationsAttorney feehttps://jtnylaw.com/2018/06/triable-issue-of-fact-45-day-rule/https://jtnylaw.com/2018/06/triable-issue-of-fact-45-day-rule/NY appellate court rules that insurance company's late receipt of claim forms creates triable issue of fact regarding timely mailing under 45-day rule.Mon, 04 Jun 2018 01:03:18 GMTTimely submissions of Billshttps://jtnylaw.com/2018/06/non-contact-case-on-motion/https://jtnylaw.com/2018/06/non-contact-case-on-motion/Court ruling demonstrates how defendant's affidavits from driver and passenger can establish prima facie case that no contact occurred in no-fault insurance claim.Mon, 04 Jun 2018 00:58:05 GMTCoveragehttps://jtnylaw.com/2018/06/what-happened-to-those-euo-letters-what-happened-to-the-ime-letters-where-are-those-denials/https://jtnylaw.com/2018/06/what-happened-to-those-euo-letters-what-happened-to-the-ime-letters-where-are-those-denials/NY appellate court cases showing inadequate office practice affidavits fail to prove proper mailing of EUO letters, IME notices, and claim denials.Mon, 04 Jun 2018 00:56:51 GMTEUO issuesIME issuesPreservation of defenses on NF-10https://jtnylaw.com/2018/06/where-was-the-partner/https://jtnylaw.com/2018/06/where-was-the-partner/Court rules insurance company failed to prove assignor's EUO non-appearance with personal knowledge testimony, highlighting burden of proof requirements in no-fault cases.Mon, 04 Jun 2018 00:51:00 GMTEUO issueshttps://jtnylaw.com/2018/06/ime-no-show-unsuccessful/https://jtnylaw.com/2018/06/ime-no-show-unsuccessful/Court rules IME scheduling letters sent to wrong address failed to establish proper notice, highlighting importance of accurate mailing addresses in no-fault cases.Mon, 04 Jun 2018 00:49:01 GMTIME issueshttps://jtnylaw.com/2018/06/neptune-euo-scheduling-rule-on-display-again/https://jtnylaw.com/2018/06/neptune-euo-scheduling-rule-on-display-again/NY appellate court reaffirms EUO scheduling deadlines in no-fault insurance cases, highlighting consequences when insurers fail to meet statutory timing requirements.Mon, 04 Jun 2018 00:42:29 GMTEUO issueshttps://jtnylaw.com/2018/06/state-farm-and-georgia-passes-appellate-term-scrutiny/https://jtnylaw.com/2018/06/state-farm-and-georgia-passes-appellate-term-scrutiny/State Farm's Georgia mail processing system passes Appellate Term scrutiny despite mailing challenges in no-fault insurance case Maiga v State Farm.Mon, 04 Jun 2018 00:39:08 GMTMailinghttps://jtnylaw.com/2018/06/the-unitrin-westchester-split/https://jtnylaw.com/2018/06/the-unitrin-westchester-split/New York appellate court clarifies insurance companies must preserve IME no-show defenses for each claim separately, even when denying multiple claims from same provider.Mon, 04 Jun 2018 00:32:01 GMTIME issueshttps://jtnylaw.com/2018/06/material-misrepresentations-must-follow-the-ins-law-3105-rule/https://jtnylaw.com/2018/06/material-misrepresentations-must-follow-the-ins-law-3105-rule/New York court rules insurers must prove material misrepresentation with underwriting documentation. Ameriprise failed to establish it wouldn't have issued policy.Mon, 04 Jun 2018 00:28:52 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2018/05/out-of-scope-out-of-mind/https://jtnylaw.com/2018/05/out-of-scope-out-of-mind/New York court rules physicians must establish foundation when testifying outside their specialty. Expert witness qualification analysis for Long Island medical malpractice cases.Thu, 24 May 2018 04:54:53 GMT5102(d) issuesCausationhttps://jtnylaw.com/2018/05/degeneration-from-the-app-div/https://jtnylaw.com/2018/05/degeneration-from-the-app-div/Court dismisses personal injury case where plaintiff failed to prove spinal injuries caused by accident rather than degeneration, highlighting critical causation requirements.Tue, 22 May 2018 19:33:16 GMTCausationhttps://jtnylaw.com/2018/05/ouch/https://jtnylaw.com/2018/05/ouch/New York court reinforces that expert opinions must be based on properly admitted evidence, not unfounded photographs or materials.Mon, 14 May 2018 20:18:12 GMTExpertshttps://jtnylaw.com/2018/05/mailing-to-the-attorney/https://jtnylaw.com/2018/05/mailing-to-the-attorney/Court rules insurance company failed to provide adequate IME notice when letter to insured was sent to wrong address, despite proper notice to attorney.Mon, 14 May 2018 20:12:21 GMTDeclaratory JudgmentsIME issueshttps://jtnylaw.com/2018/05/what-is-substantial-evidence/https://jtnylaw.com/2018/05/what-is-substantial-evidence/Learn what substantial evidence means in NY no-fault arbitration cases and why courts can't weigh conflicting evidence in administrative awards.Wed, 09 May 2018 21:49:27 GMTArbitrationshttps://jtnylaw.com/2018/05/for-the-all-on-ny-fans-you-were-wrong/https://jtnylaw.com/2018/05/for-the-all-on-ny-fans-you-were-wrong/NY Court of Appeals ruling on no-fault insurance IME requirements and declaratory judgment procedures in Hereford v Lida's Medical Supply case analysis.Sat, 05 May 2018 02:33:07 GMTDeclaratory Judgmentshttps://jtnylaw.com/2018/05/texting-your-friend-who-kills-someone-are-you-liable/https://jtnylaw.com/2018/05/texting-your-friend-who-kills-someone-are-you-liable/Court rules texting someone who kills in car accident doesn't create liability. Remote senders lack control over drivers unlike passengers in vehicle.Sat, 05 May 2018 02:15:09 GMTNo-Faulthttps://jtnylaw.com/2018/05/is-it-three-years-or-6-years/https://jtnylaw.com/2018/05/is-it-three-years-or-6-years/Court of Appeals clarifies 3-year vs 6-year statute of limitations for no-fault insurance claims against self-insured entities in New York.Sat, 05 May 2018 02:05:37 GMTStatute of Limitationshttps://jtnylaw.com/2018/04/mailing-again-again/https://jtnylaw.com/2018/04/mailing-again-again/New York foreclosure case demonstrates that conclusory statements about mailing procedures are insufficient; requires sworn testimony from someone with personal knowledge.Thu, 26 Apr 2018 04:17:04 GMTMailinghttps://jtnylaw.com/2018/04/8-units-may-apply-to-various-specialties/https://jtnylaw.com/2018/04/8-units-may-apply-to-various-specialties/NY Workers' Compensation Board clarifies 8 RVU limitation rules for physical therapy and chiropractic treatment in no-fault insurance claims.Mon, 23 Apr 2018 19:12:26 GMTFee Schedulehttps://jtnylaw.com/2018/04/triable-issue-of-fact-on-eip-issue/https://jtnylaw.com/2018/04/triable-issue-of-fact-on-eip-issue/Court denies summary judgment in no-fault case where insurer failed to prove assignor wasn't eligible injured person despite out-of-state accident location.Sun, 22 Apr 2018 22:06:36 GMTCoveragehttps://jtnylaw.com/2018/04/an-order-granting-a-declaratory-judgment-suffices-for-affirmation-in-opposition/https://jtnylaw.com/2018/04/an-order-granting-a-declaratory-judgment-suffices-for-affirmation-in-opposition/Court ruling confirms Supreme Court declaratory judgment orders can support Civil Court decisions without formal opposition papers in no-fault insurance cases.Sun, 22 Apr 2018 22:02:46 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2018/04/guideposts-to-vacate-a-trial-default/https://jtnylaw.com/2018/04/guideposts-to-vacate-a-trial-default/Court ruling demonstrates strict standards for vacating trial defaults, requiring parties to show valid excuses for non-appearance and prompt action to remedy defaults.Sat, 14 Apr 2018 23:38:00 GMTDefaultshttps://jtnylaw.com/2018/04/dj-not-collateral-estoppel/https://jtnylaw.com/2018/04/dj-not-collateral-estoppel/Court rules that medical provider wasn't bound by prior declaratory judgment action where they weren't named, served, or in privity with the parties involved.Sat, 14 Apr 2018 23:35:29 GMTDeclaratory Judgment ActionDeclaratory Judgmentshttps://jtnylaw.com/2018/04/meritorious-defense-not-needed/https://jtnylaw.com/2018/04/meritorious-defense-not-needed/First Department ruling creates conflict over whether meritorious defense affidavits are required when seeking to vacate default judgments in New York courts.Sat, 14 Apr 2018 23:32:32 GMTDefaultshttps://jtnylaw.com/2018/04/portion-of-a-deposition-is-enough/https://jtnylaw.com/2018/04/portion-of-a-deposition-is-enough/NY Court rules excerpts of deposition testimony sufficient for summary judgment motions, contrary to common belief that entire transcript required.Thu, 12 Apr 2018 03:46:26 GMTEBT Issueshttps://jtnylaw.com/2018/04/gap-in-treatment-and-inconsistent-findings/https://jtnylaw.com/2018/04/gap-in-treatment-and-inconsistent-findings/First Department rules treatment gaps and contradictory medical findings are fatal to serious injury claims under Insurance Law 5102(d). Long Island PI analysis.Mon, 09 Apr 2018 19:18:31 GMT5102(d) issueshttps://jtnylaw.com/2018/04/summary-judgment-in-comparative-negligence-case-old-first-department-standard-now-controls/https://jtnylaw.com/2018/04/summary-judgment-in-comparative-negligence-case-old-first-department-standard-now-controls/First Department ruling establishes new standard for summary judgment in comparative negligence cases, eliminating plaintiff's burden to prove absence of own fault.Mon, 09 Apr 2018 19:08:17 GMTSummary Judgment Issueshttps://jtnylaw.com/2018/03/not-necessarily-inconsistent/https://jtnylaw.com/2018/03/not-necessarily-inconsistent/Court ruling clarifies that corrected affidavits with minor errors aren't necessarily inconsistent when supported by documentary evidence in business records cases.Fri, 30 Mar 2018 18:38:02 GMTBusiness recordshttps://jtnylaw.com/2018/03/cplr-3212g-struck/https://jtnylaw.com/2018/03/cplr-3212g-struck/New York appeals court clarifies burden of proof standards in no-fault insurance cases, addressing when plaintiffs must prove compliance with verification requests at trial.Thu, 29 Mar 2018 20:31:20 GMTPrima Facie casehttps://jtnylaw.com/2018/03/feigned-issue-of-fact-coupled-with-cessation-of-treatment/https://jtnylaw.com/2018/03/feigned-issue-of-fact-coupled-with-cessation-of-treatment/NY court case on feigned issue of fact when plaintiffs contradict deposition testimony about cessation of treatment in personal injury claims.Thu, 29 Mar 2018 20:28:05 GMT5102(d) issueshttps://jtnylaw.com/2018/03/establishment-of-lost-wages/https://jtnylaw.com/2018/03/establishment-of-lost-wages/New York courts require substantial documentation to prove lost wages in personal injury cases, creating challenges for healthcare professionals reluctant to share financial records.Thu, 29 Mar 2018 20:23:54 GMTLost wageshttps://jtnylaw.com/2018/03/causation-properly-went-to-the-jury/https://jtnylaw.com/2018/03/causation-properly-went-to-the-jury/Fourth Department upholds jury verdict rejecting causation where plaintiff's medical records contradicted her testimony about prior injuries. Long Island PI analysis.Sat, 17 Mar 2018 22:57:41 GMTCausationhttps://jtnylaw.com/2018/03/deposition-of-treating-physician-under-ny-rules/https://jtnylaw.com/2018/03/deposition-of-treating-physician-under-ny-rules/NY courts limit defendants' ability to depose treating physicians, requiring proof that testimony is unrelated to diagnosis/treatment and no other discovery avenue exists.Fri, 16 Mar 2018 19:19:28 GMTEBT Issueshttps://jtnylaw.com/2018/03/trauma-increase-the-rate-of-disc-dessication/https://jtnylaw.com/2018/03/trauma-increase-the-rate-of-disc-dessication/Court ruling shows how medical testimony linking trauma to accelerated disc degeneration can overcome preexisting condition defenses in personal injury cases.Wed, 14 Mar 2018 18:53:13 GMT5102(d) issueshttps://jtnylaw.com/2018/03/cessation-of-treatment-pre-existing-injuries/https://jtnylaw.com/2018/03/cessation-of-treatment-pre-existing-injuries/NY court ruling on cessation of treatment and pre-existing injuries in personal injury cases. Analysis of burden shifting and causation requirements.Wed, 07 Mar 2018 21:07:47 GMT5102(d) issuesCausationhttps://jtnylaw.com/2018/03/detailed-and-credible-explanation-for-the-default/https://jtnylaw.com/2018/03/detailed-and-credible-explanation-for-the-default/Court requires "detailed and credible" explanation for law office failure when seeking to vacate default judgment, as demonstrated in Premier Surgical Services case.Wed, 07 Mar 2018 20:47:50 GMTDefaultshttps://jtnylaw.com/2018/02/7378/https://jtnylaw.com/2018/02/7378/Court substantiates workers compensation defense in no-fault case, ruling cab company ownership creates employer-employee relationship under NY law.Wed, 28 Feb 2018 03:27:33 GMTWorkers Compensationhttps://jtnylaw.com/2018/02/ime-no-show-not-sustained/https://jtnylaw.com/2018/02/ime-no-show-not-sustained/Court rules IME no-show defense fails when insurer didn't schedule exam within required 30-day timeframe under NY regulations 11 NYCRR 65-3.5.Wed, 28 Feb 2018 03:18:38 GMTIME issueshttps://jtnylaw.com/2018/02/timeliness-of-amended-motion-measured-from-the-first-motion/https://jtnylaw.com/2018/02/timeliness-of-amended-motion-measured-from-the-first-motion/Appeals court rules that timeliness of amended summary judgment motion is measured from original service date, not refiling date in no-fault insurance case.Tue, 27 Feb 2018 23:07:28 GMTSummary Judgment Issueshttps://jtnylaw.com/2018/02/good-hands-people-launched-a-less-than-laudable-appeal/https://jtnylaw.com/2018/02/good-hands-people-launched-a-less-than-laudable-appeal/Allstate's unsuccessful appeal in Longevity Med. Supply highlights the importance of properly responding to no-fault verification demands and the futility of meritless appeals.Sat, 24 Feb 2018 06:49:50 GMTArticle 75https://jtnylaw.com/2018/02/use-and-operation-again/https://jtnylaw.com/2018/02/use-and-operation-again/Court case analysis examining "use and operation" coverage when bus driver refused to activate lift device, comparing to Cividanes precedent and questioning the legal distinction.Sat, 24 Feb 2018 06:46:45 GMTUse and Operationhttps://jtnylaw.com/2018/02/carothers-to-the-coa-i-missed-it/https://jtnylaw.com/2018/02/carothers-to-the-coa-i-missed-it/Court of Appeals grants leave in Progressive v Carothers case, creating rare four-opinion matter with certified question on Second Department's rulingThu, 22 Feb 2018 03:45:45 GMTMallela issueshttps://jtnylaw.com/2018/02/familiarity-with-predecessor-business-record-practice/https://jtnylaw.com/2018/02/familiarity-with-predecessor-business-record-practice/Court ruling demonstrates strict requirements for establishing familiarity with predecessor business records under CPLR 4518 hearsay exception in foreclosure cases.Thu, 22 Feb 2018 03:36:17 GMTBusiness recordsStandinghttps://jtnylaw.com/2018/02/mailing-cplr-4518a/https://jtnylaw.com/2018/02/mailing-cplr-4518a/Court ruling highlights stricter requirements for proving mailing under CPLR 4518(a), requiring detailed affidavits about office procedures beyond just documentary evidence.Thu, 22 Feb 2018 03:31:57 GMTBusiness recordsMailinghttps://jtnylaw.com/2018/02/facebook-is-discoverable-upon-a-proper-foundation/https://jtnylaw.com/2018/02/facebook-is-discoverable-upon-a-proper-foundation/New York court establishes proper foundation requirements for Facebook discovery in personal injury cases, rejecting automatic disclosure of entire accounts.Mon, 19 Feb 2018 21:31:19 GMTDiscoveryDiscovery sanctionshttps://jtnylaw.com/2018/02/a-325d-case-outside-the-equity-jurisdiction-of-supreme-court-cannot-be-ruled-upon-by-an-acting-supreme-court-justice/https://jtnylaw.com/2018/02/a-325d-case-outside-the-equity-jurisdiction-of-supreme-court-cannot-be-ruled-upon-by-an-acting-supreme-court-justice/Acting Supreme Court Justice cannot rule on 325(d) case outside supreme court's equity jurisdiction - NY appellate decision on post-judgment retransfer authorityMon, 19 Feb 2018 21:10:59 GMTJurisdictionhttps://jtnylaw.com/2018/02/failure-to-include-order-judgment-with-declaration-is-fatal/https://jtnylaw.com/2018/02/failure-to-include-order-judgment-with-declaration-is-fatal/Court orders granting motions aren't always final judgments. Learn why failing to include proper declarations in your order can be fatal to your case's preclusive effect.Mon, 19 Feb 2018 20:51:39 GMTDeclaratory Judgment ActionDeclaratory Judgmentshttps://jtnylaw.com/2018/02/avoiding-the-120-day-rule-to-make-a-summary-judgment-motion/https://jtnylaw.com/2018/02/avoiding-the-120-day-rule-to-make-a-summary-judgment-motion/Court ruling shows how defendants can avoid CPLR's 120-day summary judgment rule when motion involves purely legal questions rather than factual disputes.Mon, 19 Feb 2018 20:30:22 GMTDeclaratory Judgment ActionDeclaratory JudgmentsRes Judicatahttps://jtnylaw.com/2018/02/8-units-per-diem-the-workers-compensation-board-has-spoken/https://jtnylaw.com/2018/02/8-units-per-diem-the-workers-compensation-board-has-spoken/Workers Compensation Board clarifies the 8-unit daily limit for PT treatments in New York no-fault insurance. Long Island attorneys explain CMT code exceptions.Wed, 14 Feb 2018 09:22:02 GMTFee Schedulehttps://jtnylaw.com/2018/02/20-days-means-just-that/https://jtnylaw.com/2018/02/20-days-means-just-that/NY Court rules 20-day deadline for challenging arbitration is absolute - Ameriprise loses case for failing to timely object to no-fault insurance arbitration notice.Sat, 10 Feb 2018 23:57:32 GMTArticle 75https://jtnylaw.com/2018/02/new-evidence-used-in-reply-an-angry-court-appears/https://jtnylaw.com/2018/02/new-evidence-used-in-reply-an-angry-court-appears/Court permits new evidence in reply papers despite opponent's objections in New York no-fault insurance coverage dispute, highlighting procedural tactics.Sat, 10 Feb 2018 23:54:54 GMTProcedural Issueshttps://jtnylaw.com/2018/02/interest-was-not-tolled/https://jtnylaw.com/2018/02/interest-was-not-tolled/New York appeals court rules that no-fault statutory prejudgment interest continues to accrue during litigation delays unless the plaintiff unreasonably caused the delay.Thu, 08 Feb 2018 06:12:01 GMTinteresthttps://jtnylaw.com/2018/02/an-appeal-that-really-went-nowhere/https://jtnylaw.com/2018/02/an-appeal-that-really-went-nowhere/MVAIC fails to vacate default judgment due to lack of reasonable excuse and meritorious defense in New York no-fault insurance case with compound interest.Thu, 08 Feb 2018 06:05:40 GMTDefaultshttps://jtnylaw.com/2018/02/dj-went-south/https://jtnylaw.com/2018/02/dj-went-south/Court ruling on Unitrin v All of NY case shows how declaratory judgment for EUO non-compliance failed due to untimely notice requirements under NY no-fault law.Wed, 07 Feb 2018 05:08:19 GMTDeclaratory JudgmentsEUO issueshttps://jtnylaw.com/2018/02/tolling-of-interest-due-to-failure-to-prosecute/https://jtnylaw.com/2018/02/tolling-of-interest-due-to-failure-to-prosecute/Delta Diagnostic case explains when no-fault statutory prejudgment interest tolling begins - court rules toll starts only after reasonable prosecution period ends.Mon, 05 Feb 2018 20:04:52 GMTinteresthttps://jtnylaw.com/2018/02/hearsay-business-records/https://jtnylaw.com/2018/02/hearsay-business-records/People v Jones court decision on business records hearsay exception - printout evidence admission requirements and foundational standards under CPLR 4518.Mon, 05 Feb 2018 19:54:40 GMTBusiness recordsEvidencehttps://jtnylaw.com/2018/01/fee-schedule-not-precluded/https://jtnylaw.com/2018/01/fee-schedule-not-precluded/Analysis of Oleg's Acupuncture v Hereford Insurance case examining fee schedule defenses, untimely denials, and certified medical coder affidavits in NY no-fault claims.Sat, 27 Jan 2018 02:46:57 GMTFee Schedulehttps://jtnylaw.com/2018/01/policy-voided/https://jtnylaw.com/2018/01/policy-voided/New York court upholds insurance company's retroactive policy rescission under Florida law, demonstrating how choice of law principles apply in multi-state insurance disputes.Sat, 27 Jan 2018 02:07:45 GMTChoice of lawFlorida issueshttps://jtnylaw.com/2018/01/euo-no-show-declaratory-judgment-substantiated/https://jtnylaw.com/2018/01/euo-no-show-declaratory-judgment-substantiated/New York court upholds insurer's declaratory judgment after claimant's EUO no-show, confirming proper notice requirements and compliance with scheduling regulations.Sat, 27 Jan 2018 02:03:08 GMTDeclaratory JudgmentsEUO issueshttps://jtnylaw.com/2018/01/coverage-use-or-operation/https://jtnylaw.com/2018/01/coverage-use-or-operation/New York court clarifies that auto insurance coverage extends beyond vehicle operation to include related activities like luggage handling at bus stops.Sat, 27 Jan 2018 01:51:57 GMTCoverageUse and Operationhttps://jtnylaw.com/2018/01/priority-of-payment-again/https://jtnylaw.com/2018/01/priority-of-payment-again/Court remands case for hearing on whether policy limits were exhausted before provider claims arose, highlighting critical priority of payment issues in no-fault insurance disputes.Sun, 21 Jan 2018 06:43:11 GMTCoveragePolicy Exhaustionhttps://jtnylaw.com/2018/01/out-of-scope-need-foundation/https://jtnylaw.com/2018/01/out-of-scope-need-foundation/New York medical malpractice case highlights the critical requirement for expert witnesses to establish proper foundation when testifying outside their area of specialization.Fri, 19 Jan 2018 23:50:55 GMTExpertsMedical Necessityhttps://jtnylaw.com/2018/01/there-is-no-safety-valve-for-a-late-follow-up/https://jtnylaw.com/2018/01/there-is-no-safety-valve-for-a-late-follow-up/Court ruling establishes that late follow-up EUO scheduling letters void claim denials, creating split with other decisions on no-fault insurance timing requirements.Fri, 19 Jan 2018 23:47:07 GMTAdditional VerificationEUO issueshttps://jtnylaw.com/2018/01/no-need-to-send-letter-to-attorney/https://jtnylaw.com/2018/01/no-need-to-send-letter-to-attorney/Court clarifies delay letter requirements under 11 NYCRR 65-3.6(b), ruling insurers only must notify attorneys when seeking verification from third parties, not plaintiffs.Fri, 19 Jan 2018 23:41:31 GMTAdditional VerificationEUO issueshttps://jtnylaw.com/2018/01/verification-issues/https://jtnylaw.com/2018/01/verification-issues/Analysis of Atlantic Radiology v Travelers case addressing verification request failures and timing issues in NY no-fault insurance claims litigation.Fri, 19 Jan 2018 23:34:28 GMTAdditional Verificationhttps://jtnylaw.com/2018/01/certified-medical-coder-sufficient/https://jtnylaw.com/2018/01/certified-medical-coder-sufficient/Court ruling establishes that a certified medical coder's affidavit provides sufficient evidence to support workers' compensation fee schedule defenses in summary judgment motions.Fri, 19 Jan 2018 06:07:07 GMTFee Schedulehttps://jtnylaw.com/2018/01/causation-interesting-observations/https://jtnylaw.com/2018/01/causation-interesting-observations/Court rules on causation in personal injury case where plaintiff had prior accident but fully recovered before sustaining new cervical spine injuries.Thu, 18 Jan 2018 23:33:43 GMTCausationhttps://jtnylaw.com/2018/01/prima-facie-case-for-trial-purposes/https://jtnylaw.com/2018/01/prima-facie-case-for-trial-purposes/Analysis of two NY appellate cases establishing prima facie requirements for no-fault insurance trials, including burden of proof for claim submission and payment denial.Tue, 09 Jan 2018 03:48:40 GMTPrima Facie casehttps://jtnylaw.com/2018/01/the-loss-was-not-intentional/https://jtnylaw.com/2018/01/the-loss-was-not-intentional/Court rules on uninsured motorist coverage dispute, finding no intentional acts exclusion applies and injuries resulted from accident despite criminal intent.Sat, 06 Jan 2018 07:17:34 GMTIntentional losshttps://jtnylaw.com/2018/01/7275/https://jtnylaw.com/2018/01/7275/Analysis of BR code requirements in New York no-fault insurance fee schedule disputes, examining provider prima facie cases and affirmative defenses.Wed, 03 Jan 2018 00:02:15 GMTFee Schedulehttps://jtnylaw.com/2017/12/arizona-and-atic/https://jtnylaw.com/2017/12/arizona-and-atic/New York appellate decision highlights critical issues with notice delivery in insurance cancellations and problematic attorney conduct during depositions in ATIC case.Sat, 30 Dec 2017 04:13:44 GMTMailinghttps://jtnylaw.com/2017/12/arbitration-is-waivable/https://jtnylaw.com/2017/12/arbitration-is-waivable/New York arbitration law allows waiver of arbitration clauses when fee sharing and venue provisions prevent statutory wage claims from being pursued.Sat, 30 Dec 2017 04:05:35 GMTArbitrationshttps://jtnylaw.com/2017/12/alleviation-is-going-to-the-appellate-division-what-happens-next-is-for-you-to-decide/https://jtnylaw.com/2017/12/alleviation-is-going-to-the-appellate-division-what-happens-next-is-for-you-to-decide/Allstate's motion for leave to appeal Alleviation Medical Services case granted by Appellate Division. Analysis of potential outcomes and regulatory implications.Wed, 27 Dec 2017 06:31:14 GMTCoveragePolicy Exhaustionhttps://jtnylaw.com/2017/12/giant-oops-from-the-appellate-term/https://jtnylaw.com/2017/12/giant-oops-from-the-appellate-term/Appellate Term grants clarification motion on 9% interest rate in no-fault case despite CPLR 5004 allowing different rates when other statutes apply.Wed, 27 Dec 2017 06:24:22 GMTinteresthttps://jtnylaw.com/2017/12/7260/https://jtnylaw.com/2017/12/7260/Fourth Department ruling establishes triable issue of fact regarding vehicle ownership despite conflicting documentation and testimony in no-fault insurance case.Tue, 26 Dec 2017 22:25:53 GMTCoveragehttps://jtnylaw.com/2017/12/was-the-femur-broken-in-the-accident/https://jtnylaw.com/2017/12/was-the-femur-broken-in-the-accident/Court highlights credibility issues when plaintiff claims femur fracture but walks unassisted post-accident, creating factual disputes in no-fault threshold cases.Tue, 26 Dec 2017 22:04:54 GMT5102(d) issueshttps://jtnylaw.com/2017/12/the-cited-to-report-raised-an-issue-of-fact/https://jtnylaw.com/2017/12/the-cited-to-report-raised-an-issue-of-fact/New York court finds defendant's expert report created fact issues by relying on plaintiff's medical records showing accident-related injuries and limited range of motion.Tue, 26 Dec 2017 22:01:12 GMT5102(d) issueshttps://jtnylaw.com/2017/12/out-of-scope-peer-it-is-okay/https://jtnylaw.com/2017/12/out-of-scope-peer-it-is-okay/Queens Village Medical case examines when physical medicine experts can testify about orthopedic peer reviews in NY no-fault insurance disputes and expert witness competency rules.Tue, 26 Dec 2017 21:45:25 GMTExpertshttps://jtnylaw.com/2017/12/fee-schedule-defense-not-substantiated/https://jtnylaw.com/2017/12/fee-schedule-defense-not-substantiated/NY court rules insurance company failed to substantiate fee schedule defense by not proving correct conversion factor was used in calculating reimbursement rates.Tue, 26 Dec 2017 21:39:12 GMTFee Schedulehttps://jtnylaw.com/2017/12/partial-response-to-verification-insufficient/https://jtnylaw.com/2017/12/partial-response-to-verification-insufficient/New York no-fault case shows partial response to verification requests is insufficient - providers must fully comply or risk premature dismissal of benefits claims.Tue, 26 Dec 2017 21:27:56 GMTAdditional Verificationhttps://jtnylaw.com/2017/12/non-responded-to-verification-fatal-to-plaintiffs-case/https://jtnylaw.com/2017/12/non-responded-to-verification-fatal-to-plaintiffs-case/Court rules that partial responses to verification requests render no-fault insurance claims premature, emphasizing the critical importance of complete compliance with verification requirements.Tue, 26 Dec 2017 21:21:43 GMTAdditional Verificationhttps://jtnylaw.com/2017/12/cpt-code-97039-again/https://jtnylaw.com/2017/12/cpt-code-97039-again/Court ruling on CPT Code 97039 billing disputes in NY no-fault insurance cases, covering "By Report" documentation requirements and insurer denial defenses.Tue, 26 Dec 2017 21:12:45 GMTFee Schedulehttps://jtnylaw.com/2017/12/ime-no-show-disclaimer-substantiated/https://jtnylaw.com/2017/12/ime-no-show-disclaimer-substantiated/Court ruling on IME no-show disclaimer timing - denial valid after verification received despite prior grounds for disclaimer existing under NY no-fault law.Tue, 26 Dec 2017 21:04:59 GMTIME issueshttps://jtnylaw.com/2017/12/fee-schedule-defense-court-separates-97811-97813-97814-from-remainder-of-case/https://jtnylaw.com/2017/12/fee-schedule-defense-court-separates-97811-97813-97814-from-remainder-of-case/Court ruling allows insurance company to use workers' compensation fee schedule defense for acupuncture services, separating specific CPT codes from the broader case.Tue, 26 Dec 2017 20:52:25 GMTNo-Faulthttps://jtnylaw.com/2017/12/charley-deng-called-the-wrong-number/https://jtnylaw.com/2017/12/charley-deng-called-the-wrong-number/Court dismisses no-fault case where provider called wrong investigator and phone number for EUO rescheduling, highlighting importance of following exact instructions.Tue, 26 Dec 2017 20:38:50 GMTEUO issueshttps://jtnylaw.com/2017/12/the-peer-review-and-its-entry-into-evidence/https://jtnylaw.com/2017/12/the-peer-review-and-its-entry-into-evidence/Appellate Term clarifies peer review report admissibility in New York no-fault medical necessity trials. Key ruling for Long Island and NYC providers.Tue, 26 Dec 2017 20:36:10 GMTMedical Necessityhttps://jtnylaw.com/2017/12/timeliness-of-the-euo-relative-to-the-billings-again/https://jtnylaw.com/2017/12/timeliness-of-the-euo-relative-to-the-billings-again/Recent New York appellate cases reinforce that insurance companies must schedule EUOs within 30 days of receiving no-fault claims to preserve their right to examination.Tue, 26 Dec 2017 20:31:28 GMTEUO issueshttps://jtnylaw.com/2017/12/7228/https://jtnylaw.com/2017/12/7228/Analysis of St. Locher Med. v IDS case on proving EUO no-shows and potential legal strategies for challenging insurance carrier documentation in New York no-fault claims.Tue, 26 Dec 2017 20:22:51 GMTEUO issueshttps://jtnylaw.com/2017/12/ebt-granted/https://jtnylaw.com/2017/12/ebt-granted/Appellate court reverses denial of EBT motion against radiology provider, emphasizing insurers' right to examine medical professionals in necessity disputes.Tue, 26 Dec 2017 20:16:31 GMTEBT Issueshttps://jtnylaw.com/2017/12/lynn-carter/https://jtnylaw.com/2017/12/lynn-carter/MCMC's use of fake employee "Lynn Carter" for IME scheduling raises questions about no-show personal knowledge requirements in NY no-fault insurance cases.Tue, 26 Dec 2017 20:13:46 GMTPersonal knowledge of no showPersonal knowledge of no-showhttps://jtnylaw.com/2017/12/fee-schedule-defense-failed/https://jtnylaw.com/2017/12/fee-schedule-defense-failed/Court ruling in Laga v GEICO shows insurers must provide precise proof when applying Ground Rule 11 reductions to no-fault medical bills under New York's fee schedule.Tue, 26 Dec 2017 20:06:19 GMTFee Schedulehttps://jtnylaw.com/2017/12/allstates-inability-to-prove-the-timely-mailing-of-claims-documents/https://jtnylaw.com/2017/12/allstates-inability-to-prove-the-timely-mailing-of-claims-documents/Seven court cases show Allstate's repeated failure to prove timely mailing of claims documents, highlighting a critical issue in no-fault insurance litigation.Tue, 26 Dec 2017 19:46:09 GMTMailinghttps://jtnylaw.com/2017/12/bad-faith-and-gbl-349-has-really-arrived/https://jtnylaw.com/2017/12/bad-faith-and-gbl-349-has-really-arrived/Court ruling establishes bad faith and GBL 349 claims against insurers who pressure IME doctors to deny no-fault benefits, allowing consequential damages.Mon, 18 Dec 2017 00:35:39 GMTBad Faithhttps://jtnylaw.com/2017/12/lost-wage-case-reinstated/https://jtnylaw.com/2017/12/lost-wage-case-reinstated/Court of Appeals reverses Appellate Division ruling on lost wage claims, finding triable issues of fact exist where lower court deemed claims speculative.Mon, 18 Dec 2017 00:22:16 GMTLost wageshttps://jtnylaw.com/2017/12/attorneys-fees-on-a-dj/https://jtnylaw.com/2017/12/attorneys-fees-on-a-dj/Analysis of attorney fee recovery in New York declaratory judgment actions, examining when medical providers and insureds can recover legal costs in no-fault insurance disputes.Mon, 18 Dec 2017 00:12:12 GMTAttorney feeDeclaratory Judgment Actionhttps://jtnylaw.com/2017/12/trump/https://jtnylaw.com/2017/12/trump/Court dismisses defamation case against Trump, ruling statements were too vague and subjective to be legally actionable under New York law.Mon, 18 Dec 2017 00:01:57 GMTNo-Faulthttps://jtnylaw.com/2017/12/oh-somebody-had-a-bad-day/https://jtnylaw.com/2017/12/oh-somebody-had-a-bad-day/Court case highlights attorney malpractice risks in SUM claims when settling without insurer consent, emphasizing professional duty requirements.Sun, 17 Dec 2017 23:57:29 GMT5102(d) issueshttps://jtnylaw.com/2017/12/dismissed-due-to-discovery-violation/https://jtnylaw.com/2017/12/dismissed-due-to-discovery-violation/NY court dismisses no-fault insurance case due to plaintiff's willful discovery violations after repeated court orders and warnings of dismissal.Sun, 17 Dec 2017 23:53:48 GMTDiscoveryhttps://jtnylaw.com/2017/12/limitations-on-medical-record-discovery/https://jtnylaw.com/2017/12/limitations-on-medical-record-discovery/Court limits medical record discovery in slip and fall case to injuries actually claimed, rejecting 20+ years of disability records for unrelated conditions.Fri, 01 Dec 2017 20:45:30 GMTDiscoveryhttps://jtnylaw.com/2017/12/judicial-notice-of-supreme-court-order-in-the-reply-brief/https://jtnylaw.com/2017/12/judicial-notice-of-supreme-court-order-in-the-reply-brief/Court allows judicial notice of Supreme Court order in reply brief, finding res judicata bars no-fault provider's claims based on prior declaratory judgment action.Fri, 01 Dec 2017 20:36:08 GMTRes Judicatahttps://jtnylaw.com/2017/11/subpoena-the-records/https://jtnylaw.com/2017/11/subpoena-the-records/Court allows subpoena of expert witness billing records to show bias in personal injury case. Plaintiff entitled to cross-examination materials about doctor's financial interests.Sun, 19 Nov 2017 01:58:04 GMTExpertshttps://jtnylaw.com/2017/11/when-a-doctor-crosses-the-line/https://jtnylaw.com/2017/11/when-a-doctor-crosses-the-line/Court limits treating physician's testimony when doctor crosses into biomechanical engineering expertise without proper disclosure under CPLR 3101(d).Sun, 19 Nov 2017 01:39:06 GMTEvidenceExpertshttps://jtnylaw.com/2017/11/mallela-not-supported/https://jtnylaw.com/2017/11/mallela-not-supported/Court ruling shows lack of evidence for Mallela defense in no-fault insurance case involving professional corporation ownership and control requirements.Fri, 17 Nov 2017 05:27:10 GMTMallela issueshttps://jtnylaw.com/2017/11/did-his-veteran-status-influence-this-decision/https://jtnylaw.com/2017/11/did-his-veteran-status-influence-this-decision/Court examines whether veteran's PTSD and mental health issues should have triggered inquiry before accepting guilty plea in burglary case.Sat, 11 Nov 2017 23:18:13 GMTNo-Faulthttps://jtnylaw.com/2017/11/7170/https://jtnylaw.com/2017/11/7170/Court ruling clarifies insurers don't need objective reasons for EUO requests, but leaves unresolved what happens when medical providers object to examinations under oath.Sat, 11 Nov 2017 22:46:44 GMTEUO issueshttps://jtnylaw.com/2017/11/discovery-of-the-claims-file-some-limitations/https://jtnylaw.com/2017/11/discovery-of-the-claims-file-some-limitations/Court rules on discovery limitations in no-fault insurance claims files, covering pre-disclaimer notes, attorney work product, and investigation manuals.Sat, 11 Nov 2017 22:33:31 GMTDiscoveryhttps://jtnylaw.com/2017/11/subsequent-ime-not-allowed/https://jtnylaw.com/2017/11/subsequent-ime-not-allowed/New York court rules that subsequent IMEs require demonstrated necessity when initial examination reaches definitive conclusions in no-fault insurance cases.Sat, 11 Nov 2017 22:25:47 GMTIME issueshttps://jtnylaw.com/2017/11/the-injuries-are-not-related-peer-review-in-a-5102d-case/https://jtnylaw.com/2017/11/the-injuries-are-not-related-peer-review-in-a-5102d-case/Court accepts peer review in 5102(d) case where defendant successfully challenges causation claims using medical records showing no ACL injury and delayed treatment.Sat, 11 Nov 2017 22:03:37 GMT5102(d) issuesCausationhttps://jtnylaw.com/2017/11/defaults/https://jtnylaw.com/2017/11/defaults/Court denies motion to vacate no-fault insurance default judgment where provider's attorney cited heavy workload as excuse, ruling mere neglect insufficient under CPLR 5015.Sat, 04 Nov 2017 23:24:05 GMTDefaultshttps://jtnylaw.com/2017/11/court-approves-the-chiro-rate-for-evaluation-codes-and-consultation-codes/https://jtnylaw.com/2017/11/court-approves-the-chiro-rate-for-evaluation-codes-and-consultation-codes/Court approves chiropractor rates for evaluation and consultation codes in no-fault insurance case, upholding workers' compensation fee schedule reductions.Sat, 04 Nov 2017 23:15:21 GMTFee Schedulehttps://jtnylaw.com/2017/11/by-report/https://jtnylaw.com/2017/11/by-report/Court rules insurers must request additional documentation for "By Report" CPT codes before denying no-fault claims, addressing proper claim procedures.Sat, 04 Nov 2017 23:07:58 GMTExpertsFee Schedulehttps://jtnylaw.com/2017/11/euo-no-show-sustained-again/https://jtnylaw.com/2017/11/euo-no-show-sustained-again/Sharp View Diagnostic Imaging v Esurance case highlights ongoing issues with EUO no-show claims and the distinction between bill delay letters and verification requests in NY no-fault law.Sat, 04 Nov 2017 22:56:57 GMTEUO issueshttps://jtnylaw.com/2017/11/30-days-to-hold-the-ime-from-the-receipt-of-the-billing/https://jtnylaw.com/2017/11/30-days-to-hold-the-ime-from-the-receipt-of-the-billing/Court ruling confirms 30-day IME scheduling requirement under 11 NYCRR 65-3.5(d) in New York no-fault insurance cases, with analysis of precedent hierarchy.Sat, 04 Nov 2017 22:49:07 GMTIME issueshttps://jtnylaw.com/2017/11/a-staged-accident-raises-an-issue-of-fact/https://jtnylaw.com/2017/11/a-staged-accident-raises-an-issue-of-fact/NY court rules staged accident allegations create factual issues requiring trial, rejecting insurer's summary judgment motion in no-fault case.Sat, 04 Nov 2017 22:11:29 GMTIntentional losshttps://jtnylaw.com/2017/11/a-business-record-can-be-anything/https://jtnylaw.com/2017/11/a-business-record-can-be-anything/Business records evidence rules in mortgage foreclosure vs no-fault insurance cases - examining CPLR 4518(a) requirements and court standards for affidavits.Sat, 04 Nov 2017 22:05:09 GMTBusiness recordshttps://jtnylaw.com/2017/10/it-was-not-proven-that-the-surgery-was-not-medically-necessary/https://jtnylaw.com/2017/10/it-was-not-proven-that-the-surgery-was-not-medically-necessary/New York no-fault medical necessity denial case where insurer's peer review expert failed to consider all medical records, highlighting common arbitration challenges.Sat, 28 Oct 2017 22:45:20 GMTExpertsMedical Necessityhttps://jtnylaw.com/2017/10/the-electrodiagnostic-service-was-not-medically-appropriate/https://jtnylaw.com/2017/10/the-electrodiagnostic-service-was-not-medically-appropriate/Court case where electrodiagnostic testing deemed medically unnecessary due to lack of diagnostic dilemma, with credible expert testimony shifting burden to plaintiff.Sat, 28 Oct 2017 20:41:40 GMTExpertshttps://jtnylaw.com/2017/10/failure-to-cooperate/https://jtnylaw.com/2017/10/failure-to-cooperate/Court ruling on no-fault insurance coverage denial due to provider's failure to cooperate at examination under oath and unlicensed practice violations.Sat, 28 Oct 2017 20:25:46 GMTcollateral estoppelDeclaratory JudgmentsMallela issueshttps://jtnylaw.com/2017/10/attacking-the-experts/https://jtnylaw.com/2017/10/attacking-the-experts/First Department allows cross-examination about expert's 30-year-old misconduct in New York personal injury case. Key ruling on expert credibility.Sat, 28 Oct 2017 19:19:33 GMTExpertshttps://jtnylaw.com/2017/10/an-expert-who-saw-plaintiff-once-may-testify/https://jtnylaw.com/2017/10/an-expert-who-saw-plaintiff-once-may-testify/New York court rules on expert witness testimony limits for non-treating physicians in personal injury cases involving spine and knee injuries.Mon, 23 Oct 2017 20:23:21 GMT5102(d) issuesExpertshttps://jtnylaw.com/2017/10/preclusion-of-bio-mechanical-opinion/https://jtnylaw.com/2017/10/preclusion-of-bio-mechanical-opinion/Dovberg v Laubach case analysis: Second Department precludes biomechanical expert testimony lacking proper foundation in peer-reviewed literature and empirical data.Mon, 23 Oct 2017 20:12:48 GMTCausationExpert journals and treatisesExpertshttps://jtnylaw.com/2017/10/priority-of-payment/https://jtnylaw.com/2017/10/priority-of-payment/New York appellate court identifies complex issues in no-fault insurance priority of payment disputes, highlighting challenges in determining proper provider reimbursement order.Sat, 14 Oct 2017 00:55:44 GMTPriority of Paymenthttps://jtnylaw.com/2017/10/statute-of-limitations-three-versus-six/https://jtnylaw.com/2017/10/statute-of-limitations-three-versus-six/Jason Tenenbaum examines a curious amicus brief filing by American Transit Insurance Company in a statute of limitations case involving governmental entities.Sat, 14 Oct 2017 00:52:00 GMTStatute of Limitationshttps://jtnylaw.com/2017/10/another-silly-appeal/https://jtnylaw.com/2017/10/another-silly-appeal/Court properly grants renewal motion after counsel's part rule violation, confirms Bronx venue based on plaintiff's residence at case filingThu, 12 Oct 2017 23:03:21 GMTVenuehttps://jtnylaw.com/2017/10/2309-again-nothing-different-today/https://jtnylaw.com/2017/10/2309-again-nothing-different-today/New York's First Department continues its inconsistent approach to CPLR 2309 certificate of conformity requirements, allowing technical defects to be corrected nunc pro tunc.Wed, 11 Oct 2017 03:51:21 GMT2106 and 2309https://jtnylaw.com/2017/10/7105/https://jtnylaw.com/2017/10/7105/New York court ruling on EUO counsel's attorney-client privilege when serving dual investigator roles in insurance cases - key precedent for discovery disputes.Wed, 11 Oct 2017 03:46:36 GMTEUO issueshttps://jtnylaw.com/2017/10/first-sighting-of-120-day-rule/https://jtnylaw.com/2017/10/first-sighting-of-120-day-rule/TAM Med. Supply Corp. case introduces new questions about timing requirements for 120-day denials in New York no-fault insurance disputes.Tue, 03 Oct 2017 23:14:44 GMTAdditional Verificationhttps://jtnylaw.com/2017/10/new-trial-with-a-twist-on-a-medical-necessity-claim/https://jtnylaw.com/2017/10/new-trial-with-a-twist-on-a-medical-necessity-claim/NY court ruling on medical necessity claims allows expert testimony from witnesses who didn't prepare peer review reports, clarifying trial evidence rules.Tue, 03 Oct 2017 02:01:10 GMTMedical Necessityhttps://jtnylaw.com/2017/10/repriced-cpt-code-64550/https://jtnylaw.com/2017/10/repriced-cpt-code-64550/Court upholds insurance carrier's repricing of CPT code 64550 to 97014 in no-fault case, demonstrating proper application of workers' compensation fee schedule.Tue, 03 Oct 2017 01:51:20 GMTFee Schedulehttps://jtnylaw.com/2017/10/untimely-euo-demands/https://jtnylaw.com/2017/10/untimely-euo-demands/New York Court clarifies 30-day rule for EUO requests in no-fault insurance cases, declaring untimely demands nullities under Insurance Regulations 65-3.8(l) and 65-3.5(b).Tue, 03 Oct 2017 01:48:52 GMTEUO issueshttps://jtnylaw.com/2017/10/acupuncture-that-is-broken-down-by-code/https://jtnylaw.com/2017/10/acupuncture-that-is-broken-down-by-code/Court decision analysis on acupuncture billing codes in NY no-fault insurance cases, examining fee schedule defenses and discovery requirements for CPT codes 97810 and 97811.Tue, 03 Oct 2017 01:41:46 GMTFee Schedulehttps://jtnylaw.com/2017/09/workers-compensation-from-the-first-department/https://jtnylaw.com/2017/09/workers-compensation-from-the-first-department/First Department case on workers compensation defense in no-fault actions - when summary judgment motions should be held pending Workers Compensation Board determination.Mon, 25 Sep 2017 21:09:42 GMTWorkers Compensationhttps://jtnylaw.com/2017/09/workers-comp-trialble-issue-of-fact/https://jtnylaw.com/2017/09/workers-comp-trialble-issue-of-fact/New York appeals court ruling on workers compensation triable issues in no-fault insurance cases, examining employee status determination requirements.Mon, 25 Sep 2017 21:00:03 GMTWorkers Compensationhttps://jtnylaw.com/2017/09/cpt-code-970309/https://jtnylaw.com/2017/09/cpt-code-970309/Court rejects insurer's "out of scope" defense for CPT code 97039, finding triable issues regarding proper denial of no-fault acupuncture claim.Thu, 21 Sep 2017 21:39:29 GMTFee Schedulehttps://jtnylaw.com/2017/09/no-acupuncture-fee-schedule-estoppel/https://jtnylaw.com/2017/09/no-acupuncture-fee-schedule-estoppel/NY court confirms acupuncturists are limited to chiropractor fee schedule rates regardless of prior payments at higher medical doctor rates in no-fault insurance claims.Thu, 21 Sep 2017 21:37:17 GMTFee Schedulehttps://jtnylaw.com/2017/09/c-f-20553/https://jtnylaw.com/2017/09/c-f-20553/Court upholds insurer's application of workers' compensation fee schedule to CPT code 20553, highlighting ongoing disputes over proper billing methodologies in no-fault cases.Thu, 21 Sep 2017 21:34:32 GMTFee Schedulehttps://jtnylaw.com/2017/09/was-there-a-basis-for-detailed-disclosure/https://jtnylaw.com/2017/09/was-there-a-basis-for-detailed-disclosure/Court rules plaintiff must comply with discovery demands after failing to timely object, absent showing information sought is palpably improper or privileged.Thu, 21 Sep 2017 21:19:39 GMTDiscoveryhttps://jtnylaw.com/2017/09/the-200000-bulge/https://jtnylaw.com/2017/09/the-200000-bulge/Defense attorney's nightmare: $200,000 jury verdict for bulge disc under NY no-fault law's significant limitation and permanent consequential limitation prongs.Thu, 21 Sep 2017 19:52:39 GMT5102(d) issueshttps://jtnylaw.com/2017/09/3212a-time-period-applies-when-motion-is-served/https://jtnylaw.com/2017/09/3212a-time-period-applies-when-motion-is-served/NY Court clarifies that CPLR 3212(a)'s 120-day rule for summary judgment motions runs from service date, not filing date, ending confusion among practitioners.Tue, 12 Sep 2017 20:07:03 GMTSummary Judgment Issueshttps://jtnylaw.com/2017/09/is-post-judgment-interest-in-a-no-fault-case-24-per-annum-or-9-per-annum/https://jtnylaw.com/2017/09/is-post-judgment-interest-in-a-no-fault-case-24-per-annum-or-9-per-annum/Learn whether post-judgment interest in New York no-fault cases is calculated at 24% annually (CPLR 5004) or 9% annually, based on recent appellate decisions.Fri, 08 Sep 2017 20:31:54 GMTinteresthttps://jtnylaw.com/2017/09/mallela-preservation/https://jtnylaw.com/2017/09/mallela-preservation/Court rules Mallela defense doesn't require timely denial preservation in no-fault insurance cases, contrary to plaintiff's argument in K.O. Med v USAA.Fri, 08 Sep 2017 20:05:31 GMTMallela issueshttps://jtnylaw.com/2017/09/the-civil-king-adjournment-stipulation-is-not-sacrosanct/https://jtnylaw.com/2017/09/the-civil-king-adjournment-stipulation-is-not-sacrosanct/New York courts retain discretion under CPLR 2004 to consider late opposition papers that violate Civil King adjournment stipulations, provided no prejudice results and substantial issues are raised.Fri, 08 Sep 2017 19:59:31 GMTAdjournmentshttps://jtnylaw.com/2017/09/detailed-search-yields-no-insurance-policy/https://jtnylaw.com/2017/09/detailed-search-yields-no-insurance-policy/Court rules that detailed affidavit describing insurance record search was sufficient to prove no coverage existed on accident date, shifting burden back to plaintiff.Fri, 08 Sep 2017 19:52:39 GMTCoveragehttps://jtnylaw.com/2017/08/lack-of-causation-not-established-on-a-peer-review/https://jtnylaw.com/2017/08/lack-of-causation-not-established-on-a-peer-review/Court rules IME doctor's contradictory causation statements and failure to review key medical records insufficient to establish lack of causation in no-fault case.Thu, 17 Aug 2017 21:20:35 GMTCausationhttps://jtnylaw.com/2017/08/failure-to-review-actual-images-insufficient-to-defeat-causation-msj/https://jtnylaw.com/2017/08/failure-to-review-actual-images-insufficient-to-defeat-causation-msj/Court grants summary judgment where plaintiff's expert failed to review actual ultrasound images, only relying on reports in medical malpractice causation dispute.Thu, 10 Aug 2017 19:50:03 GMTCausationhttps://jtnylaw.com/2017/08/fraudulent-procurement-defense-not-substantiated/https://jtnylaw.com/2017/08/fraudulent-procurement-defense-not-substantiated/Bronx Civil Court rules fraudulent procurement defense unsubstantiated in Quality Med. Care v Progressive, highlighting evidentiary gaps in material misrepresentation claims.Thu, 10 Aug 2017 19:44:56 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2017/08/service/https://jtnylaw.com/2017/08/service/New York court ruling on proper service requirements for foreign LLCs under LLC Law sections 304 and 307. Long Island no-fault defense attorneys explain strict compliance.Thu, 10 Aug 2017 19:34:50 GMTDefaultshttps://jtnylaw.com/2017/08/cplr-2004-offers-some-relief-to-the-dreaded-civil-kings-motion-stip/https://jtnylaw.com/2017/08/cplr-2004-offers-some-relief-to-the-dreaded-civil-kings-motion-stip/CPLR 2004 motion for time extension in civil litigation - Court considers delay length, prejudice, and good cause factors in New York cases.Mon, 07 Aug 2017 19:53:48 GMTDefaultshttps://jtnylaw.com/2017/07/lost-wages-not-proven-within-a-reasonable-degree-of-certainty/https://jtnylaw.com/2017/07/lost-wages-not-proven-within-a-reasonable-degree-of-certainty/Court dismisses no-fault lost wages claim where unemployed plaintiff's projected income from potential job opportunity lacked reasonable degree of certainty.Mon, 31 Jul 2017 19:49:09 GMTLost wageshttps://jtnylaw.com/2017/07/discovery-granted-owner-hailed-into-an-ebt/https://jtnylaw.com/2017/07/discovery-granted-owner-hailed-into-an-ebt/Court rules insurance company entitled to examine healthcare provider's owner under oath in no-fault benefits case, demonstrating broad discovery rights in medical provider litigation.Mon, 31 Jul 2017 19:39:02 GMTDiscoveryhttps://jtnylaw.com/2017/07/sloppy-euo-practice-comes-back-to-haunt-allstate/https://jtnylaw.com/2017/07/sloppy-euo-practice-comes-back-to-haunt-allstate/Allstate's procedural errors in EUO scheduling led to an untimely claim denial in this New York no-fault insurance case, highlighting the importance of strict compliance with regulatory deadlines.Mon, 31 Jul 2017 19:35:51 GMTEUO issueshttps://jtnylaw.com/2017/07/mutual-rescheduling-issues/https://jtnylaw.com/2017/07/mutual-rescheduling-issues/New York court ruling on mutual EUO rescheduling: why agreed postponements don't constitute failure to appear under no-fault insurance law.Mon, 31 Jul 2017 19:33:17 GMTEUO issueshttps://jtnylaw.com/2017/07/functional-atic-medial-necessity-and-fee-schedule-defense-susbstantiated/https://jtnylaw.com/2017/07/functional-atic-medial-necessity-and-fee-schedule-defense-susbstantiated/New York court decision on medical necessity and fee schedule defenses in no-fault insurance cases, featuring expert affidavit requirements and proper coding analysis.Mon, 31 Jul 2017 19:30:25 GMTFee ScheduleMedical Necessityhttps://jtnylaw.com/2017/07/can-a-mailing-to-the-attorney-on-the-ime-ns-defense-be-dispositive-on-the-proof-and-fact-of-the-no-show/https://jtnylaw.com/2017/07/can-a-mailing-to-the-attorney-on-the-ime-ns-defense-be-dispositive-on-the-proof-and-fact-of-the-no-show/Court ruling clarifies that IME scheduling letters sent to attorneys only establish proper notice if there's proof the patient was actually represented by that attorney.Mon, 31 Jul 2017 19:19:35 GMTIME issueshttps://jtnylaw.com/2017/07/hearsay-insufficient-to-substantiate-a-fraud-defensefee-schedule-discussion/https://jtnylaw.com/2017/07/hearsay-insufficient-to-substantiate-a-fraud-defensefee-schedule-discussion/Court ruling on hearsay evidence in no-fault insurance fraud defenses and fee schedule denial requirements. Analysis of Box #18 denials and coverage disputes.Mon, 31 Jul 2017 19:01:59 GMTFee ScheduleHearsayhttps://jtnylaw.com/2017/07/additional-verification-non-receipt/https://jtnylaw.com/2017/07/additional-verification-non-receipt/Court rules that no-fault insurer's 30-day payment period doesn't start until they actually receive requested verification documents, even if provider claims they were sent.Mon, 31 Jul 2017 18:34:12 GMTAdditional Verificationhttps://jtnylaw.com/2017/07/7006/https://jtnylaw.com/2017/07/7006/Court rules insurance company's EUO defense was precluded due to untimely scheduling letter sent more than 30 days after receiving claims, highlighting critical timing requirements.Wed, 26 Jul 2017 19:31:02 GMTEUO issueshttps://jtnylaw.com/2017/07/where-was-the-partner-not-at-the-office/https://jtnylaw.com/2017/07/where-was-the-partner-not-at-the-office/Court rules that law firm partner's affirmation lacks personal knowledge to prove EUO no-show, highlighting burden of proof requirements in no-fault insurance cases.Wed, 26 Jul 2017 19:27:37 GMTEUO issueshttps://jtnylaw.com/2017/07/euo-letter-to-assignor-did-toll-time-to-pay-or-deny/https://jtnylaw.com/2017/07/euo-letter-to-assignor-did-toll-time-to-pay-or-deny/EUO letter to assignor tolls time to pay or deny no-fault claims. Key requirements: timely EUO scheduling letter plus delay notice to provider.Wed, 26 Jul 2017 19:25:04 GMTEUO issuesIME issueshttps://jtnylaw.com/2017/07/the-dj-as-to-the-provider-that-never-was/https://jtnylaw.com/2017/07/the-dj-as-to-the-provider-that-never-was/Appellate Term rules declaratory judgment cannot bar provider's no-fault claim when provider was never joined in prior action. NY res judicata analysis.Wed, 26 Jul 2017 19:17:17 GMTDefaultshttps://jtnylaw.com/2017/07/procedurally-improper/https://jtnylaw.com/2017/07/procedurally-improper/Appeals court rules on judgment offset motion in no-fault insurance case, finding Civil Court's refusal to set off judgments was not improper exercise of discretion.Tue, 25 Jul 2017 19:56:28 GMTJudgmentshttps://jtnylaw.com/2017/07/the-sad-mans-dj/https://jtnylaw.com/2017/07/the-sad-mans-dj/Court dismisses insurance company's fraud-based declaratory judgment action lacking EUO testimony and claims-specific evidence, calling it a "sad man's DJ"Mon, 24 Jul 2017 18:35:29 GMTDeclaratory JudgmentsMallela issueshttps://jtnylaw.com/2017/07/trial-de-novo-win-where-carrier-did-not-respond-to-verification-objection-letter-and-wins/https://jtnylaw.com/2017/07/trial-de-novo-win-where-carrier-did-not-respond-to-verification-objection-letter-and-wins/Trial de-novo win where no-fault carrier failed to respond to verification objection letter, highlighting communication requirements in NY insurance claims.Mon, 17 Jul 2017 21:03:09 GMTAdditional Verificationhttps://jtnylaw.com/2017/07/arrest-warrant-not-issued/https://jtnylaw.com/2017/07/arrest-warrant-not-issued/Court denies arrest warrant for defendant who failed to comply with post-judgment subpoena in no-fault insurance case, despite contempt finding.Mon, 17 Jul 2017 20:25:54 GMTNo-Faulthttps://jtnylaw.com/2017/07/very-interesting-discussion-on-perl/https://jtnylaw.com/2017/07/very-interesting-discussion-on-perl/Santos v Traylor-Pagan analysis: carpal tunnel causation fails without contemporaneous treatment under the Perl standard in NY personal injury threshold cases.Mon, 17 Jul 2017 20:13:26 GMT5102(d) issueshttps://jtnylaw.com/2017/06/it-was-not-the-partner-affirmation-this-time/https://jtnylaw.com/2017/06/it-was-not-the-partner-affirmation-this-time/NY court rules on policy exhaustion defense failure when insurer cited 11 NYCRR 65-3.15 for out-of-state policy, creating priority payment issues in no-fault case.Fri, 30 Jun 2017 02:57:09 GMTCoveragePolicy Exhaustionhttps://jtnylaw.com/2017/06/the-poor-mans-dj-is-no-more/https://jtnylaw.com/2017/06/the-poor-mans-dj-is-no-more/Court decision eliminates "poor man's DJ" option for no-fault insurance disputes under $25k, reversing Five Boro case that allowed Civil Court jurisdictionFri, 30 Jun 2017 02:46:16 GMTDeclaratory Judgmentshttps://jtnylaw.com/2017/06/interesting-trial-preparation-rules/https://jtnylaw.com/2017/06/interesting-trial-preparation-rules/New York trial preparation rules on witness subpoenas, photograph authentication, and evidence exclusion from Gonzalez v City of New York court decision.Fri, 30 Jun 2017 01:55:11 GMTEvidencehttps://jtnylaw.com/2017/06/mild-minor-slight/https://jtnylaw.com/2017/06/mild-minor-slight/New York Court of Appeals case analysis on serious injury threshold: when mild deficits and full range of motion doom personal injury claims under Insurance Law 5102(d).Fri, 30 Jun 2017 01:40:53 GMT5102(d) issueshttps://jtnylaw.com/2017/06/pleadings-not-required-on-a-motion-for-summary-judgment/https://jtnylaw.com/2017/06/pleadings-not-required-on-a-motion-for-summary-judgment/New York courts may excuse missing pleadings in summary judgment motions under CPLR 2001 when no substantial rights are prejudiced, as demonstrated in Wade v Knight Transport.Fri, 30 Jun 2017 01:22:20 GMTSummary Judgment Issueshttps://jtnylaw.com/2017/06/pre-answer-motion-does-not-circumvent-right-to-effectuate-a-3217-discontinuance/https://jtnylaw.com/2017/06/pre-answer-motion-does-not-circumvent-right-to-effectuate-a-3217-discontinuance/New York court rules a pre-answer CPLR 3211 motion to dismiss is not a responsive pleading, preserving plaintiff's right to discontinue under CPLR 3217(a)(1).Sun, 18 Jun 2017 01:17:54 GMTDiscontinuanceshttps://jtnylaw.com/2017/06/minor-impact-and-expert-report-sufficient-to-prove-lack-of-causation/https://jtnylaw.com/2017/06/minor-impact-and-expert-report-sufficient-to-prove-lack-of-causation/New York court rules minor impact evidence combined with expert testimony can prove lack of causation in personal injury cases. Key Long Island and NYC case analysis.Sun, 11 Jun 2017 02:09:36 GMTCausationhttps://jtnylaw.com/2017/06/special-referee-cannot-determine-bp-issues/https://jtnylaw.com/2017/06/special-referee-cannot-determine-bp-issues/Court rules special referees lack authority to determine bill of particulars disputes, clarifying the distinction between disclosure procedures and pleading amplification.Sun, 11 Jun 2017 02:05:37 GMTDiscoveryhttps://jtnylaw.com/2017/06/failure-to-file-the-affidavit-of-service-not-jurisdictional/https://jtnylaw.com/2017/06/failure-to-file-the-affidavit-of-service-not-jurisdictional/Court rules failure to file affidavit of service is procedural irregularity, not jurisdictional defect, and can be cured by motion in no-fault insurance cases.Sun, 11 Jun 2017 02:02:14 GMTNo-Faulthttps://jtnylaw.com/2017/06/the-plight-of-chimps/https://jtnylaw.com/2017/06/the-plight-of-chimps/A New York appellate court ruled that chimpanzees cannot be considered "persons" under habeas corpus law, despite their human-like characteristics and cognitive abilities.Sun, 11 Jun 2017 01:41:19 GMTNo-Faulthttps://jtnylaw.com/2017/06/ime-no-show-trial-defense-reversed/https://jtnylaw.com/2017/06/ime-no-show-trial-defense-reversed/Appellate Term reverses trial court ruling that prevented insurance company from defending IME no-show case, clarifying that denied summary judgment motions don't preclude trial defenses.Sun, 11 Jun 2017 01:16:44 GMTIME issueshttps://jtnylaw.com/2017/06/policy-exhaustion-again-must-comport-with-the-priority-of-payment-regimen/https://jtnylaw.com/2017/06/policy-exhaustion-again-must-comport-with-the-priority-of-payment-regimen/New York Court rules on policy exhaustion timing requirements in no-fault insurance cases, emphasizing proper demonstration of coverage limits at claim completion.Sun, 11 Jun 2017 01:13:00 GMTCoveragePolicy Exhaustionhttps://jtnylaw.com/2017/06/party-does-not-have-a-basis-to-use-cplr-321c-as-a-sword-against-now-unrepresented-party/https://jtnylaw.com/2017/06/party-does-not-have-a-basis-to-use-cplr-321c-as-a-sword-against-now-unrepresented-party/Court rules CPLR 321(c) cannot be used as sword against unrepresented party after stipulation settlement - protection for deprived counsel only.Sun, 11 Jun 2017 00:58:39 GMTNo-Faulthttps://jtnylaw.com/2017/06/substantive-fee-schedule-discussionprocedural-analysis/https://jtnylaw.com/2017/06/substantive-fee-schedule-discussionprocedural-analysis/Analysis of Gentle Acupuncture v Tri-State Consumer Insurance case examining fee schedule defenses and affidavit requirements in New York no-fault claims.Sun, 11 Jun 2017 00:35:41 GMTAffidavitsFee Schedulehttps://jtnylaw.com/2017/06/2-consecutive-error-disallow-default-vacatur/https://jtnylaw.com/2017/06/2-consecutive-error-disallow-default-vacatur/New York court rules two consecutive errors by insurance claims examiner - failing to forward summons and default motion - disallow default judgment vacatur despite reasonable excuse claims.Sun, 11 Jun 2017 00:23:14 GMTDefaultshttps://jtnylaw.com/2017/06/extraordinary-fee/https://jtnylaw.com/2017/06/extraordinary-fee/Court rejects extraordinary attorney fees in no-fault case, finding issues weren't novel enough despite favorable outcome for plaintiff's counsel.Sun, 11 Jun 2017 00:09:02 GMTAttorney feehttps://jtnylaw.com/2017/06/default-reinstated-on-utter-technicality/https://jtnylaw.com/2017/06/default-reinstated-on-utter-technicality/NY court reinstates default judgment on technicality despite defendant's motion, highlighting critical procedural requirements for vacating defaults under CPLR 5015(a).Sat, 10 Jun 2017 23:56:57 GMTDefaultshttps://jtnylaw.com/2017/06/court-addresses-lack-of-meritorious-defense-and-fails-to-evaluate-reasonable-excuse/https://jtnylaw.com/2017/06/court-addresses-lack-of-meritorious-defense-and-fails-to-evaluate-reasonable-excuse/Court case examining insurance company's failure to demonstrate meritorious defense when vacating default judgment due to accident date discrepancy in no-fault claim.Sat, 10 Jun 2017 23:45:22 GMTDeclaratory Judgment ActionDefaultshttps://jtnylaw.com/2017/06/ime-no-show-failure-to-object-during-claims-stage-is-fatal-to-later-objection/https://jtnylaw.com/2017/06/ime-no-show-failure-to-object-during-claims-stage-is-fatal-to-later-objection/Court ruling confirms that failing to respond to IME requests during claims stage prevents later objections to their reasonableness in no-fault insurance cases.Sat, 10 Jun 2017 23:33:22 GMTIME issueshttps://jtnylaw.com/2017/05/malella-and-attorneys-fees/https://jtnylaw.com/2017/05/malella-and-attorneys-fees/Court ruling on Malella defense and attorney fee calculations in NY no-fault insurance arbitration, including fraudulent incorporation claims and Article 75 proceedings.Thu, 25 May 2017 05:09:53 GMTArticle 75Attorney feehttps://jtnylaw.com/2017/05/business-records-again/https://jtnylaw.com/2017/05/business-records-again/New York court ruling demonstrates critical requirements for business records admissibility when assignees lack knowledge of original recordkeeper's practices and procedures.Fri, 19 May 2017 05:13:43 GMTAssignment of BenefitsBusiness recordshttps://jtnylaw.com/2017/05/hello-mrs-collins/https://jtnylaw.com/2017/05/hello-mrs-collins/Court denies deposition request in no-fault insurance case due to insufficient showing that administrator's testimony would yield relevant evidence.Fri, 19 May 2017 05:01:10 GMTDiscoveryhttps://jtnylaw.com/2017/05/notice-of-entry/https://jtnylaw.com/2017/05/notice-of-entry/New York court ruling on Notice of Entry requirements in foreclosure and declaratory judgment actions, including implications for no-fault insurance cases.Fri, 19 May 2017 04:56:53 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2017/05/attorney-fees-on-a-dj/https://jtnylaw.com/2017/05/attorney-fees-on-a-dj/Analysis of attorney fee recovery in no-fault insurance declaratory judgment cases, examining when insureds can recover fees when defending against insurer DJ actions.Fri, 19 May 2017 04:36:13 GMTAttorney feehttps://jtnylaw.com/2017/05/motion-to-dismiss-not-dispositive-of-summary-judgment-application/https://jtnylaw.com/2017/05/motion-to-dismiss-not-dispositive-of-summary-judgment-application/Court clarifies that prior motion to dismiss rulings don't control summary judgment applications under law of the case doctrine in New York civil procedure.Fri, 19 May 2017 04:11:47 GMTProcedural Issueshttps://jtnylaw.com/2017/05/dmv-license-suspensions-upheld-deference/https://jtnylaw.com/2017/05/dmv-license-suspensions-upheld-deference/NY Court of Appeals upholds DMV license suspension regulations despite conflicts with Vehicle Traffic Law, with implications for insurance department regulatory authority.Fri, 12 May 2017 03:48:42 GMTNo-Faulthttps://jtnylaw.com/2017/05/this-is-what-perl-spoke-up-against/https://jtnylaw.com/2017/05/this-is-what-perl-spoke-up-against/Court ruling demonstrates how failure to report injuries or seek immediate medical treatment can undermine causation claims in personal injury cases.Fri, 12 May 2017 03:03:50 GMTCausationhttps://jtnylaw.com/2017/05/intersection-between-collateral-source-hearing-and-no-fault/https://jtnylaw.com/2017/05/intersection-between-collateral-source-hearing-and-no-fault/Learn how collateral source hearings intersect with no-fault insurance in New York personal injury cases, including evidentiary requirements and Workers' Compensation offsets.Thu, 11 May 2017 04:53:14 GMTBusiness recordsProcedural Issueshttps://jtnylaw.com/2017/05/police-report-and-cplr-4518a/https://jtnylaw.com/2017/05/police-report-and-cplr-4518a/Police report admissibility under CPLR 4518(a) business records exception in personal injury cases - when officer observations are required vs inadmissible witness statements.Thu, 11 May 2017 04:45:33 GMT5102(d) issuesBusiness recordshttps://jtnylaw.com/2017/05/no-show-based-upheld-despite-objection-with-a-caveat/https://jtnylaw.com/2017/05/no-show-based-upheld-despite-objection-with-a-caveat/Court upholds EUO no-show denial despite objection letters that weren't properly mailed. Analysis of when objection letters can block valid EUO requests in NY no-fault cases.Thu, 11 May 2017 04:40:53 GMTEUO issueshttps://jtnylaw.com/2017/05/no-show-and-non-receipt/https://jtnylaw.com/2017/05/no-show-and-non-receipt/New York court clarifies when IME rescheduling constitutes failure to appear and establishes mail delivery presumption standards for no-fault insurance claims.Thu, 11 May 2017 04:14:41 GMTIME issuesNon receipt of billhttps://jtnylaw.com/2017/05/6891/https://jtnylaw.com/2017/05/6891/Court rules insurance company failed to prove proper denial of non-acupuncture CPT codes 97026 and 97016 under workers' compensation fee schedule requirements.Thu, 11 May 2017 04:10:03 GMTFee Schedulehttps://jtnylaw.com/2017/05/cplr-3101d1/https://jtnylaw.com/2017/05/cplr-3101d1/Court rules that late expert disclosure doesn't automatically bar expert evidence in summary judgment motions when failure wasn't willful and no prejudice shown.Sun, 07 May 2017 01:19:35 GMTExpertshttps://jtnylaw.com/2017/05/6886/https://jtnylaw.com/2017/05/6886/Court ruling clarifies when failure to oppose venue change motions creates appealable default orders in New York civil procedure.Sun, 07 May 2017 00:58:02 GMTDefaultshttps://jtnylaw.com/2017/05/interesting-decision-on-insurance-carrier-fauilure/https://jtnylaw.com/2017/05/interesting-decision-on-insurance-carrier-fauilure/Court ruled that defendants cannot claim reasonable excuse for default when they received notice of motion for default judgment, despite insurance carrier's failure to respond.Sun, 07 May 2017 00:50:02 GMTDefaultshttps://jtnylaw.com/2017/05/competent-opinion-of-a-specialist/https://jtnylaw.com/2017/05/competent-opinion-of-a-specialist/New York Court of Appeals case on expert witness qualifications in medical malpractice - when specialists lack competent opinion for summary judgment motions.Sun, 07 May 2017 00:41:26 GMTExpertshttps://jtnylaw.com/2017/05/substantiation-of-diminishment-of-rom/https://jtnylaw.com/2017/05/substantiation-of-diminishment-of-rom/Learn how medical professionals must document and explain changes in patient conditions to prove serious injury claims in New York no-fault cases.Sun, 07 May 2017 00:29:59 GMTMedical Necessityhttps://jtnylaw.com/2017/05/mvaic-issues/https://jtnylaw.com/2017/05/mvaic-issues/Key MVAIC case law on timely claim filing requirements and police reporting obligations under New York no-fault insurance law, including coverage defenses.Sun, 07 May 2017 00:27:46 GMTNo-Faulthttps://jtnylaw.com/2017/05/45-day-rule-denial-not-sustianed/https://jtnylaw.com/2017/05/45-day-rule-denial-not-sustianed/New York court ruling shows insurance companies must provide detailed affidavits about mail handling procedures to successfully invoke the 45-day rule defense in no-fault cases.Sun, 07 May 2017 00:14:53 GMTNo-Faulthttps://jtnylaw.com/2017/05/it-really-was-not-on-consent-again/https://jtnylaw.com/2017/05/it-really-was-not-on-consent-again/Appellate Term case where attorney disputed consent order despite court notation, resulting in unsuccessful appeal of $500 no-fault insurance claim in Civil Court Kings County.Sun, 07 May 2017 00:10:59 GMTDefaultshttps://jtnylaw.com/2017/05/default-denied-based-upon-quirk-of-nyccca-403-and-404/https://jtnylaw.com/2017/05/default-denied-based-upon-quirk-of-nyccca-403-and-404/New York City Civil Court Act sections 403 and 404 create jurisdictional quirk that can defeat default judgments when service of process is made outside NYC limits.Sun, 07 May 2017 00:01:39 GMTJurisdictionPleadingshttps://jtnylaw.com/2017/05/the-doctor-is-not-available-on-mondays-can-i-have-another-day-please/https://jtnylaw.com/2017/05/the-doctor-is-not-available-on-mondays-can-i-have-another-day-please/Court reverses trial judgment after defendant's expert unavailability on Mondays wasn't accommodated, highlighting importance of scheduling flexibility in litigation.Sat, 06 May 2017 23:50:09 GMTAdjournmentshttps://jtnylaw.com/2017/05/it-was-not-mailed-again/https://jtnylaw.com/2017/05/it-was-not-mailed-again/Court finds insurance carrier failed to prove proper mailing of denial forms, highlighting critical documentation requirements in no-fault cases.Sat, 06 May 2017 23:41:25 GMTMailinghttps://jtnylaw.com/2017/05/declaratory-judgment-actions-against-the-city/https://jtnylaw.com/2017/05/declaratory-judgment-actions-against-the-city/Analysis of Country-Wide Ins. Co. v. Dejean regarding declaratory judgment venue rules and EUO timing requirements in NYC no-fault cases.Sat, 06 May 2017 23:13:21 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2017/04/correct-note-of-issue-asserting-discovery-is-outstanding-not-basis-for-striking-note/https://jtnylaw.com/2017/04/correct-note-of-issue-asserting-discovery-is-outstanding-not-basis-for-striking-note/Queens Supreme Court ruling allows Note of Issue to stand despite outstanding discovery, raising concerns about proper case management procedures.Fri, 14 Apr 2017 01:17:11 GMTDiscoveryhttps://jtnylaw.com/2017/04/defaults-3215f-what-does-it-mean/https://jtnylaw.com/2017/04/defaults-3215f-what-does-it-mean/Analysis of CPLR 3215(f) default judgment requirements in NY no-fault subrogation cases, examining procedural differences between Civil and District Courts.Tue, 11 Apr 2017 04:01:39 GMTDefaultshttps://jtnylaw.com/2017/04/discretion-was-not-abused/https://jtnylaw.com/2017/04/discretion-was-not-abused/Court upholds denial of trial adjournment request where defense failed to show due diligence in securing expert witnesses despite 6-week notice period.Tue, 11 Apr 2017 03:53:26 GMTAdjournmentshttps://jtnylaw.com/2017/04/post-note-of-issue-discovery-granted/https://jtnylaw.com/2017/04/post-note-of-issue-discovery-granted/Court allows post-note of issue discovery without vacating the note, clarifying when additional discovery is appropriate after filing the note of issue.Fri, 07 Apr 2017 01:12:57 GMTDiscoveryhttps://jtnylaw.com/2017/04/carothers/https://jtnylaw.com/2017/04/carothers/Court examines fraudulent incorporation under Mallela standard, analyzing Business Corporation Law requirements for professional service corporations in no-fault insurance case.Thu, 06 Apr 2017 19:15:14 GMTMallela issueshttps://jtnylaw.com/2017/04/reasonable-excuse-not-upheld/https://jtnylaw.com/2017/04/reasonable-excuse-not-upheld/Court rejects law firm's reasonable excuse claim for default, finding pattern of neglect that constitutes serious lack of attention to case progress.Thu, 06 Apr 2017 18:15:36 GMTDefaultshttps://jtnylaw.com/2017/04/additional-verification-proper-response/https://jtnylaw.com/2017/04/additional-verification-proper-response/Court ruling shows healthcare providers must specifically address verification requests rather than making general statements about not possessing records.Thu, 06 Apr 2017 18:13:40 GMTAdditional Verificationhttps://jtnylaw.com/2017/04/priority-of-payment-an-extended-discussion/https://jtnylaw.com/2017/04/priority-of-payment-an-extended-discussion/In-depth analysis of no-fault insurance policy exhaustion and priority of payment regulations following Alleviation Med. Servs. v Allstate, examining conflicts between policy limits and payment order requirements.Sun, 02 Apr 2017 02:34:49 GMTPolicy ExhaustionPriority of Paymenthttps://jtnylaw.com/2017/04/e-filing/https://jtnylaw.com/2017/04/e-filing/New York court ruling on e-filing deadlines and venue change motions. Learn how electronic filing requirements affect procedural deadlines in personal injury cases.Sun, 02 Apr 2017 01:45:22 GMTProcedural Issueshttps://jtnylaw.com/2017/04/the-expert-opinion/https://jtnylaw.com/2017/04/the-expert-opinion/New York courts clarify when medical experts can testify outside their specialty area and the foundation required for reliable expert testimony in personal injury cases.Sun, 02 Apr 2017 01:39:17 GMTExpertshttps://jtnylaw.com/2017/04/qualification-of-an-expert/https://jtnylaw.com/2017/04/qualification-of-an-expert/Court rejects cardiovascular surgeon's expert opinion on visual impairment, emphasizing that medical experts must have specialized knowledge in the relevant field to testify.Sun, 02 Apr 2017 01:29:34 GMTExpertshttps://jtnylaw.com/2017/03/to-appeal-for-the-sake-to-appeal/https://jtnylaw.com/2017/03/to-appeal-for-the-sake-to-appeal/New York court highlights importance of proper proof of mailing in no-fault insurance denials, showing how inadequate affidavits can undermine insurer defenses.Sat, 25 Mar 2017 06:06:46 GMTIME issueshttps://jtnylaw.com/2017/03/summary-judgment-now-unavailable-under-etienne/https://jtnylaw.com/2017/03/summary-judgment-now-unavailable-under-etienne/Court confirms summary judgment is available under the Etienne standard in NY no-fault cases. Carriers need only show timely disclaimer and legal merit. Long Island & NYC guidance.Sat, 25 Mar 2017 06:02:18 GMTPrima Facie casehttps://jtnylaw.com/2017/03/ralph-medical-modified/https://jtnylaw.com/2017/03/ralph-medical-modified/NY appellate court allows depositions in no-fault case, stepping back from restrictive Ralph Medical precedent that limited discovery in insurance disputes.Sat, 25 Mar 2017 05:59:36 GMTDiscoveryhttps://jtnylaw.com/2017/03/the-ime-recollection-issue/https://jtnylaw.com/2017/03/the-ime-recollection-issue/Court rules insurance companies must provide competent proof with adequate recollection when claiming patients failed to appear for Independent Medical Examinations.Sat, 25 Mar 2017 05:56:15 GMTIME issueshttps://jtnylaw.com/2017/03/3211b-motion-not-subject-to-3212a-time-limitations/https://jtnylaw.com/2017/03/3211b-motion-not-subject-to-3212a-time-limitations/New York's Third Department clarifies that CPLR 3211(b) motions are not subject to the 120-day time limits that govern summary judgment motions under CPLR 3212(a).Sat, 25 Mar 2017 05:52:11 GMTSummary Judgment Issueshttps://jtnylaw.com/2017/03/2309-issue/https://jtnylaw.com/2017/03/2309-issue/New York's First Department rules that lack of CPLR 2309 certificate of conformity for out-of-state affidavits is not fatal and can be corrected later.Sat, 25 Mar 2017 05:29:06 GMT2106 and 2309https://jtnylaw.com/2017/03/how-not-to-sum-up-on-a-case/https://jtnylaw.com/2017/03/how-not-to-sum-up-on-a-case/Court case analysis of prosecutorial misconduct during jury summation that led to a new trial being ordered due to improper vouching for witnesses and inflammatory comments.Sat, 25 Mar 2017 05:13:53 GMTJury Issueshttps://jtnylaw.com/2017/03/a-day-at-the-beach/https://jtnylaw.com/2017/03/a-day-at-the-beach/Beach accident case results in $2.2M verdict after police car strikes sunbather, requiring two cervical fusion surgeries. Key damages breakdown and legal implications.Sat, 25 Mar 2017 04:55:49 GMTNo-Faulthttps://jtnylaw.com/2017/03/the-maslow-specificity-rule-went-up-in-a-plume-of-smoke/https://jtnylaw.com/2017/03/the-maslow-specificity-rule-went-up-in-a-plume-of-smoke/Court ruling on fee schedule defense preservation in NY no-fault insurance claims, addressing the eight unit rule and arbitrator award reversal.Thu, 16 Mar 2017 05:56:29 GMTFee Schedulehttps://jtnylaw.com/2017/03/6799/https://jtnylaw.com/2017/03/6799/First Department reverses dismissal of declaratory action against Liberty Mutual, finding breach of contract claims provide adequate notice under CPLR 3013.Thu, 16 Mar 2017 05:39:14 GMTBad FaithPleading defectshttps://jtnylaw.com/2017/03/severance-granted-reality-is-not-a-rosy/https://jtnylaw.com/2017/03/severance-granted-reality-is-not-a-rosy/New York court grants severance in no-fault insurance case, separating 198 unrelated claims. Analysis of litigation strategy and costs in High Definition MRI v Mapfre Insurance.Thu, 16 Mar 2017 05:36:31 GMTSeverencehttps://jtnylaw.com/2017/03/the-feigned-verification-response-does-not-slice-it-a-break-from-the-law-as-certain-arbitrators-construe-it/https://jtnylaw.com/2017/03/the-feigned-verification-response-does-not-slice-it-a-break-from-the-law-as-certain-arbitrators-construe-it/NY court rules vague hospital verification responses insufficient for no-fault insurance claims. St. Barnabas v GEICO case analysis on verification requirements.Tue, 14 Mar 2017 03:37:24 GMTAdditional Verificationhttps://jtnylaw.com/2017/03/hourly-attorneys-fees-65-4-10j4/https://jtnylaw.com/2017/03/hourly-attorneys-fees-65-4-10j4/GEICO v AAAMG Leasing case analysis on attorney fee awards in NY no-fault arbitration proceedings under Insurance Law § 5106(a) and court appeal standards.Tue, 14 Mar 2017 02:37:48 GMTArticle 75https://jtnylaw.com/2017/03/no-need-for-traverse-hearing-where-there-was-no-opposition/https://jtnylaw.com/2017/03/no-need-for-traverse-hearing-where-there-was-no-opposition/Court rules no traverse hearing needed when plaintiff fails to oppose defendant's motion to vacate service, potentially resulting in statute of limitations defense.Mon, 13 Mar 2017 22:09:18 GMTPleadingshttps://jtnylaw.com/2017/03/5102d-litigation-plaintiffs-own-records-non-suit-him/https://jtnylaw.com/2017/03/5102d-litigation-plaintiffs-own-records-non-suit-him/5102(d) litigation case where plaintiff's own medical records revealed preexisting conditions, defeating threshold injury claims in New York personal injury law.Mon, 13 Mar 2017 20:02:27 GMTMedical Necessityhttps://jtnylaw.com/2017/02/this-time-country-wide-gets-the-appellate-division-to-reverse-aaa/https://jtnylaw.com/2017/02/this-time-country-wide-gets-the-appellate-division-to-reverse-aaa/Appellate Division reverses AAA arbitration award in Country-Wide v Radiology case, finding master arbitrator irrationally ignored evidence of failed EUO appearances.Sun, 26 Feb 2017 00:02:43 GMTArbitrationsArticle 75https://jtnylaw.com/2017/02/a-true-prima-facie-showing-on-summary-judgment-motion/https://jtnylaw.com/2017/02/a-true-prima-facie-showing-on-summary-judgment-motion/Appellate Term ruling demonstrates how no-fault insurers lose defenses when they fail to timely deny claims, particularly for acupuncture services under New York's fee schedule.Sat, 25 Feb 2017 23:51:39 GMTFee Schedulehttps://jtnylaw.com/2017/02/employee-of-defendant-is-allowed-to-remain-in-court-room/https://jtnylaw.com/2017/02/employee-of-defendant-is-allowed-to-remain-in-court-room/NY appellate court holds defendant's employee representative can remain in courtroom and communicate with defense counsel during trial. Perry v Kone analysis.Thu, 23 Feb 2017 21:46:58 GMTNo-Faulthttps://jtnylaw.com/2017/02/6770/https://jtnylaw.com/2017/02/6770/New York court ruling in Kohler v Barker explores the boundaries of expert witness testimony and how far attorneys can push expert opinions in personal injury cases.Thu, 23 Feb 2017 21:39:53 GMTExpert journals and treatiseshttps://jtnylaw.com/2017/02/business-records-and-copies/https://jtnylaw.com/2017/02/business-records-and-copies/New York court case analysis on business records admissibility, secondary evidence rules, and CPLR 4539(a) requirements for document authentication in litigation.Thu, 23 Feb 2017 21:26:25 GMTBusiness recordshttps://jtnylaw.com/2017/02/3404-again/https://jtnylaw.com/2017/02/3404-again/Court clarifies when CPLR 3404 dismissal rule applies based on why case was removed from trial calendar - discovery issues vs. trial unpreparedness matters.Thu, 23 Feb 2017 21:08:49 GMT3404https://jtnylaw.com/2017/02/triable-issues-of-fact-on-a-medical-malpractice-case/https://jtnylaw.com/2017/02/triable-issues-of-fact-on-a-medical-malpractice-case/New York medical malpractice case law on expert testimony requirements, causation standards, and triable issues of fact for summary judgment motions.Thu, 23 Feb 2017 21:04:59 GMTExpertshttps://jtnylaw.com/2017/02/objective-reasons/https://jtnylaw.com/2017/02/objective-reasons/New York court ruling clarifies that insurers don't need objective reasons to request EUOs, only proper notice and documentation of provider's failure to appear.Mon, 20 Feb 2017 20:01:03 GMTEUO issueshttps://jtnylaw.com/2017/02/judicial-notice-has-it-outter-limits/https://jtnylaw.com/2017/02/judicial-notice-has-it-outter-limits/Court limits on judicial notice in no-fault insurance cases - workers' compensation fee schedule requires proper foundation and notice under CPLR 4511Mon, 20 Feb 2017 19:57:56 GMTFee Schedulehttps://jtnylaw.com/2017/02/innocent-third-party-under-pa-law/https://jtnylaw.com/2017/02/innocent-third-party-under-pa-law/NY court applies PA law protecting innocent third parties from insurance policy rescission in Island Life Chiropractic v Infinity Group case analysis.Mon, 20 Feb 2017 19:42:41 GMTChoice of lawhttps://jtnylaw.com/2017/02/unwelcome-visitors-at-an-ime/https://jtnylaw.com/2017/02/unwelcome-visitors-at-an-ime/Second Department allows attorneys at IMEs in Henderson v Ross, disagreeing with First Department on transparency in New York no-fault insurance examinations.Fri, 17 Feb 2017 01:58:37 GMTIME issueshttps://jtnylaw.com/2017/02/a-dj-to-nowhere/https://jtnylaw.com/2017/02/a-dj-to-nowhere/Court ruling on EUO no-shows in no-fault insurance cases, establishing proof requirements for timely examination scheduling relative to billing receipt.Wed, 15 Feb 2017 23:32:20 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2017/02/limits-of-cross-examination/https://jtnylaw.com/2017/02/limits-of-cross-examination/New York courts balance trial judges' broad discretion to limit repetitive cross-examination with defendants' constitutional rights to present an effective defense.Tue, 14 Feb 2017 00:03:18 GMTEvidencehttps://jtnylaw.com/2017/02/the-wrong-way-to-evict-a-tenant/https://jtnylaw.com/2017/02/the-wrong-way-to-evict-a-tenant/Learn about a criminal case involving illegal tenant eviction tactics, highlighting why landlords must follow proper legal procedures under New York law.Fri, 03 Feb 2017 01:14:52 GMTNo-Faulthttps://jtnylaw.com/2017/02/quirky-workers-compensation-case/https://jtnylaw.com/2017/02/quirky-workers-compensation-case/Workers compensation case examining EIP assignment requirements and no-fault insurance implications when WC claims fail due to procedural violations under NY law.Fri, 03 Feb 2017 01:08:23 GMTWorkers Compensationhttps://jtnylaw.com/2017/02/the-actionable-violation-of-3-2b/https://jtnylaw.com/2017/02/the-actionable-violation-of-3-2b/New York no-fault insurance regulation 11 NYCRR 65-3.2(b) violations raise questions about actionable claims and remedies beyond administrative penalties in insurance disputes.Fri, 03 Feb 2017 00:59:09 GMTBad Faithhttps://jtnylaw.com/2017/02/the-by-report/https://jtnylaw.com/2017/02/the-by-report/Analysis of Bronx Acupuncture v Hereford case clarifying that by-report codes are verification issues, not automatic denials in NY no-fault insurance claims.Fri, 03 Feb 2017 00:47:42 GMTAdditional VerificationFee Schedulehttps://jtnylaw.com/2017/02/the-famous-briefing-schedule/https://jtnylaw.com/2017/02/the-famous-briefing-schedule/Court analyzes briefing schedule defaults in no-fault insurance case, examining law office failure excuses and CPLR 5015 requirements for opening defaults.Fri, 03 Feb 2017 00:18:37 GMTDefaultshttps://jtnylaw.com/2017/02/duly-scheduled-examinations-under-oath/https://jtnylaw.com/2017/02/duly-scheduled-examinations-under-oath/Analysis of EUO rescheduling requirements under NY no-fault law, examining when carriers can deny consent and the reasonableness standard applied by courts.Fri, 03 Feb 2017 00:13:54 GMTIME issueshttps://jtnylaw.com/2017/01/mailed-to-the-wrong-address-okay/https://jtnylaw.com/2017/01/mailed-to-the-wrong-address-okay/Allstate v. Longevity Medical Supply case analysis - court confirms master arbitrator award despite wrong mailing address argument under NY No-Fault lawWed, 25 Jan 2017 05:28:48 GMTAdditional VerificationNon receipt of billhttps://jtnylaw.com/2017/01/15-days-is-360-hours/https://jtnylaw.com/2017/01/15-days-is-360-hours/Court rules 15-day insurance cancellation notice means 360 hours, not calendar days. Supreme Court incorrectly calculated notice period in Global Liberty v Cedillo case.Wed, 25 Jan 2017 04:44:18 GMTCancellation of policyhttps://jtnylaw.com/2017/01/6714/https://jtnylaw.com/2017/01/6714/Attorney Jason Tenenbaum analyzes a driver EUO case involving contradictory testimony about a livery vehicle accident, highlighting patterns in commercial insurance investigations.Wed, 25 Jan 2017 04:26:11 GMTEUO issueshttps://jtnylaw.com/2017/01/rescission-not-upheld/https://jtnylaw.com/2017/01/rescission-not-upheld/New York court rejects insurance rescission under Florida law when insurer failed to provide proper notice and return premiums within reasonable time after discovering fraud.Wed, 25 Jan 2017 04:22:07 GMTChoice of lawhttps://jtnylaw.com/2017/01/some-doors-have-swung-open/https://jtnylaw.com/2017/01/some-doors-have-swung-open/Court case analysis on timely notice requirements for no-fault insurance claims, examining whether NF-3 forms can serve as proper accident notice to carriers.Wed, 25 Jan 2017 04:14:56 GMTTimely notice of claimhttps://jtnylaw.com/2017/01/the-deemer-acts-to-dismiss-complaint-against-mvaic/https://jtnylaw.com/2017/01/the-deemer-acts-to-dismiss-complaint-against-mvaic/NY deemer statute allows courts to dismiss complaints against MVAIC when insurance coverage may be deemed to exist despite policy disclaimers under Insurance Law sections 370 and 5107.Wed, 25 Jan 2017 03:52:27 GMTCoveragehttps://jtnylaw.com/2017/01/answer-rejected-through-subsequent-motion-for-default/https://jtnylaw.com/2017/01/answer-rejected-through-subsequent-motion-for-default/First Dept. ruling expands definition of "rejected" answers, allowing default motions within 15 days to effectively reject untimely responses in litigation.Tue, 10 Jan 2017 21:46:21 GMTDefaultshttps://jtnylaw.com/2017/01/how-far-do-we-take-collateral-estoppel/https://jtnylaw.com/2017/01/how-far-do-we-take-collateral-estoppel/A New York appellate court examines when collateral estoppel applies in no-fault insurance disputes, highlighting the importance of what issues were actually litigated and decided.Tue, 10 Jan 2017 21:35:34 GMTcollateral estoppelhttps://jtnylaw.com/2016/12/rocket-docket-to-the-moon/https://jtnylaw.com/2016/12/rocket-docket-to-the-moon/New York no-fault arbitration case analysis where late submissions led to rocket docket preclusion despite provider's failure to object, highlighting systemic issues.Fri, 30 Dec 2016 05:22:34 GMTArbitrationsArticle 75https://jtnylaw.com/2016/12/causation-defense-not-substantiated-in-intercompany-arbitration/https://jtnylaw.com/2016/12/causation-defense-not-substantiated-in-intercompany-arbitration/Court upholds intercompany arbitration award where causation defense fails - DTG Operations v Travelers case analysis on injury causation standards.Fri, 30 Dec 2016 05:08:54 GMTArticle 75Causationhttps://jtnylaw.com/2016/12/why-are-cariers-filing-djs-against-the-anikeyev-providers/https://jtnylaw.com/2016/12/why-are-cariers-filing-djs-against-the-anikeyev-providers/Attorney Jason Tenenbaum examines why insurance carriers file declaratory judgment actions against Anikeyev medical providers despite prior adverse rulings and collateral estoppel principles.Fri, 30 Dec 2016 04:55:23 GMTcollateral estoppelhttps://jtnylaw.com/2016/12/georgia-law-and-new-york-law-on-material-misrepresentations/https://jtnylaw.com/2016/12/georgia-law-and-new-york-law-on-material-misrepresentations/Georgia and New York laws both prohibit retroactive rescission of auto insurance policies despite material misrepresentations in procurement applications.Fri, 30 Dec 2016 04:33:43 GMTChoice of lawMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2016/12/verdict-in-favor-of-plaintiff-sustained/https://jtnylaw.com/2016/12/verdict-in-favor-of-plaintiff-sustained/Court sustains verdict for plaintiff in no-fault MRI medical necessity case after finding defendant's expert witness testimony not credible despite qualifications.Fri, 30 Dec 2016 04:27:50 GMTMedical Necessityhttps://jtnylaw.com/2016/12/innocent-third-party-plays-out-under-pennsylvania-law-analysis/https://jtnylaw.com/2016/12/innocent-third-party-plays-out-under-pennsylvania-law-analysis/Pennsylvania insurance law case shows that policy rescission may not affect innocent third parties, highlighting complex choice of law issues in no-fault insurance disputes.Thu, 22 Dec 2016 05:24:12 GMTChoice of lawhttps://jtnylaw.com/2016/12/mailing-affidavit-is-wrong/https://jtnylaw.com/2016/12/mailing-affidavit-is-wrong/Court rejects medical supplier's affidavit claiming claim form was mailed before it was even created, highlighting the importance of accuracy in legal documentation.Thu, 22 Dec 2016 05:19:49 GMTAffidavitshttps://jtnylaw.com/2016/12/another-euo-bonanza/https://jtnylaw.com/2016/12/another-euo-bonanza/J.K.M. Med. Care v Ameriprise: Court rules on EUO scheduling requirements, malpractice implications, and assignment timing in New York no-fault insurance case.Thu, 22 Dec 2016 05:17:50 GMTEUO issueshttps://jtnylaw.com/2016/12/a-feckless-appeal-by-ameriprise/https://jtnylaw.com/2016/12/a-feckless-appeal-by-ameriprise/Ameriprise's appeal backfires as court rules late EUO scheduling letters are nullified, showing how insurers' procedural mistakes can benefit healthcare providers in no-fault claims.Thu, 22 Dec 2016 05:15:10 GMTEUO issueshttps://jtnylaw.com/2016/12/attorney-fee-limitations/https://jtnylaw.com/2016/12/attorney-fee-limitations/Court ruling clarifies that the 2014 attorney fee increase for no-fault insurance cases is not retroactive, supporting the $850 statutory maximum for pre-amendment cases.Thu, 22 Dec 2016 05:11:05 GMTAttorney feehttps://jtnylaw.com/2016/12/mallela-limitation-case-not-going-to-the-court-of-appeals/https://jtnylaw.com/2016/12/mallela-limitation-case-not-going-to-the-court-of-appeals/Court of Appeals denies leave in Mallela limitation case, ending a problematic Article 75 petition that should never have reached appellate level.Fri, 16 Dec 2016 05:05:20 GMTNo-Faulthttps://jtnylaw.com/2016/12/occupied-pedestrian/https://jtnylaw.com/2016/12/occupied-pedestrian/Court clarifies when someone transitions from vehicle occupant to pedestrian status, impacting no-fault insurance coverage eligibility in New York.Fri, 16 Dec 2016 04:59:37 GMTCoveragehttps://jtnylaw.com/2016/12/wrong-records-inadmissible-opinion/https://jtnylaw.com/2016/12/wrong-records-inadmissible-opinion/Expert opinions based on incorrect medical records are inadmissible and insufficient for summary judgment. Court rejects defense experts who relied on switched notes.Fri, 16 Dec 2016 04:45:00 GMTExpertshttps://jtnylaw.com/2016/12/ime-watchdog/https://jtnylaw.com/2016/12/ime-watchdog/New York court rejects IME Watchdog's claims against defense firm for excluding non-attorneys from medical exams, finding no tortious conduct or irreparable harm in no-fault cases.Fri, 16 Dec 2016 04:36:20 GMTIME issueshttps://jtnylaw.com/2016/12/adjournments-not-granted-as-a-matter-of-course/https://jtnylaw.com/2016/12/adjournments-not-granted-as-a-matter-of-course/New York courts have discretion to deny adjournments when attorneys lack due diligence. Learn about court adjournment standards and legal requirements.Fri, 16 Dec 2016 04:20:46 GMTAdjournmentshttps://jtnylaw.com/2016/12/sum-jury-verdict-sustained/https://jtnylaw.com/2016/12/sum-jury-verdict-sustained/Court upholds jury verdict denying serious injury claim despite plaintiff's shoulder surgery and medical testimony in GEICO insurance dispute.Fri, 16 Dec 2016 03:50:18 GMT5102(d) issueshttps://jtnylaw.com/2016/12/material-misrepresentation-again/https://jtnylaw.com/2016/12/material-misrepresentation-again/Court modifies Fatmir rule requiring insurers to provide documentation of underwriting practices to establish material misrepresentation in policy procurement cases.Fri, 16 Dec 2016 02:54:42 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2016/12/another-loss-transfer/https://jtnylaw.com/2016/12/another-loss-transfer/Court ruling on loss transfer arbitration requiring respondent carriers to provide affirmative proof when challenging medical payments in NY no-fault cases.Fri, 16 Dec 2016 02:43:15 GMTArticle 75https://jtnylaw.com/2016/12/business-record-discussion-in-foreclosures/https://jtnylaw.com/2016/12/business-record-discussion-in-foreclosures/New York's Second Department reaffirms business record authentication standards in foreclosure cases, showing how CPLR 4518 requirements remain crucial for establishing mortgage holder status.Fri, 16 Dec 2016 02:28:08 GMTBusiness recordsEvidencehttps://jtnylaw.com/2016/12/article-75-review-dissected/https://jtnylaw.com/2016/12/article-75-review-dissected/Analysis of Golden Earth Chiropractic v Global Liberty case examining master arbitrator powers vs factual review authority in NY no-fault insurance disputes.Fri, 16 Dec 2016 01:38:40 GMTArticle 75https://jtnylaw.com/2016/12/5102d-examined-at-trial-against-mvaic/https://jtnylaw.com/2016/12/5102d-examined-at-trial-against-mvaic/Court ruling demonstrates that expert testimony on range of motion limitations and orthopedic tests can establish serious injury threshold under NY Insurance Law 5102(d).Fri, 16 Dec 2016 01:18:14 GMTCoveragehttps://jtnylaw.com/2016/12/voluntary-inter-company-arbitration/https://jtnylaw.com/2016/12/voluntary-inter-company-arbitration/GEICO bound by arbitration award exceeding policy limits after failing to exercise opt-out right. Key lesson for New York insurers on voluntary arbitration.Thu, 15 Dec 2016 23:48:28 GMTArbitrationshttps://jtnylaw.com/2016/12/timely-euo-letters/https://jtnylaw.com/2016/12/timely-euo-letters/Court clarifies that EUO scheduling letters must be sent within 30 days of claim receipt, reinforcing timing requirements under New York no-fault insurance law.Thu, 15 Dec 2016 23:41:41 GMTEUO issueshttps://jtnylaw.com/2016/12/vtl-cancellation-issues/https://jtnylaw.com/2016/12/vtl-cancellation-issues/New York no-fault insurance case on VTL § 313 cancellation requirements and DMV filing proof issues for policy termination validity.Thu, 15 Dec 2016 23:31:27 GMTCancellation of policyhttps://jtnylaw.com/2016/11/law-office-failure-established-through-associate-attorney-deception/https://jtnylaw.com/2016/11/law-office-failure-established-through-associate-attorney-deception/Court ruling shows how associate attorney deception and misconduct can establish law office failure, providing grounds for relief from missed depositions.Mon, 28 Nov 2016 22:40:10 GMTLaw Office Failurehttps://jtnylaw.com/2016/11/serious-injury-causation-and-the-ability-to-recover/https://jtnylaw.com/2016/11/serious-injury-causation-and-the-ability-to-recover/Court ruling shows how lack of causation in knee injury claims can bar recovery even when serious injury threshold is met for other injuries.Mon, 28 Nov 2016 21:56:37 GMT5102(d) issuesCausationhttps://jtnylaw.com/2016/11/a-discussion-on-cplr-3101d/https://jtnylaw.com/2016/11/a-discussion-on-cplr-3101d/Analysis of CPLR 3101(d) expert disclosure requirements in Tate-Mitros v MTA case, covering minimal disclosure standards and timing issues for expert testimony.Mon, 28 Nov 2016 21:47:20 GMTExpertshttps://jtnylaw.com/2016/11/dismissal-for-failure-to-comply-with-one-discovery-order/https://jtnylaw.com/2016/11/dismissal-for-failure-to-comply-with-one-discovery-order/Court dismisses personal injury complaint after plaintiff fails to comply with single discovery order, despite belated compliance - analysis of CPLR 3126 sanctions.Mon, 28 Nov 2016 21:21:40 GMTDiscoveryhttps://jtnylaw.com/2016/11/fraudulent-procurement-has-now-been-changed-into-a-material-misrepresentation-defense/https://jtnylaw.com/2016/11/fraudulent-procurement-has-now-been-changed-into-a-material-misrepresentation-defense/New York appellate court clarifies that fraudulent procurement defense must comply with Insurance Law 3105 material misrepresentation standards and requires underwriting manual proof.Mon, 28 Nov 2016 21:11:09 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2016/11/loss-transfer/https://jtnylaw.com/2016/11/loss-transfer/DTG Operations v AutoOne Ins. Co. case analysis: loss transfer dispute involving livery vehicle insured as passenger car, arbitration forum issues, and intercompany arbitration rights in New York no-fault insurance law.Wed, 02 Nov 2016 18:46:32 GMTArbitrationsArticle 75https://jtnylaw.com/2016/10/3101d-from-the-court-of-appeals/https://jtnylaw.com/2016/10/3101d-from-the-court-of-appeals/Court of Appeals clarifies CPLR 3101(d) expert witness disclosure requirements, timing objections, and trial court discretion in Rivera v Montefiore Medical Center.Mon, 31 Oct 2016 18:19:40 GMTEvidenceExpertshttps://jtnylaw.com/2016/10/punted-satisfaction-case/https://jtnylaw.com/2016/10/punted-satisfaction-case/J.K.M. Med. Care v Interboro Insurance case analysis: provider's satisfaction case involving successive motions and judgment entry timing in no-fault benefits dispute.Mon, 31 Oct 2016 18:08:57 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2016/10/judgment-in-declaratory-judgment-action-does-not-need-to-rendered-against-assignor-to-be-effective/https://jtnylaw.com/2016/10/judgment-in-declaratory-judgment-action-does-not-need-to-rendered-against-assignor-to-be-effective/New York court rules judgment in declaratory action bars assignee recovery without direct order against assignor in no-fault insurance case.Mon, 31 Oct 2016 18:00:20 GMTDeclaratory Judgment ActionRes Judicatahttps://jtnylaw.com/2016/10/a-frye-hearing-is-required-where-two-sides-have-opposing-literature-on-a-service/https://jtnylaw.com/2016/10/a-frye-hearing-is-required-where-two-sides-have-opposing-literature-on-a-service/Frye hearing required when experts present conflicting literature on novel medical theories. Court analysis of prenatal neuroblastoma detection standards.Fri, 28 Oct 2016 02:54:14 GMTExpert journals and treatisesExpertshttps://jtnylaw.com/2016/10/causation-not-proved/https://jtnylaw.com/2016/10/causation-not-proved/Court dismisses personal injury case where plaintiff failed to prove causation between car accident and cervical injuries, distinguishing new trauma from preexisting neck condition.Fri, 28 Oct 2016 02:34:25 GMT5102(d) issuesCausationhttps://jtnylaw.com/2016/10/policy-exhaustion-and-fee-schedule-concerns/https://jtnylaw.com/2016/10/policy-exhaustion-and-fee-schedule-concerns/Easy Care Acupuncture v MVAIC case explores policy exhaustion defenses and fee schedule reductions in New York no-fault insurance acupuncture claims disputes.Fri, 28 Oct 2016 02:29:01 GMTCoverageFee Schedulehttps://jtnylaw.com/2016/10/euo-no-show-is-unconditional/https://jtnylaw.com/2016/10/euo-no-show-is-unconditional/Appellate Term reinforces that failing to appear for EUO is unconditional bar to coverage, rejecting Civil Court's attempt to allow second chance for medical provider.Fri, 28 Oct 2016 02:25:28 GMTEUO issueshttps://jtnylaw.com/2016/10/putting-the-cart-before-the-horse/https://jtnylaw.com/2016/10/putting-the-cart-before-the-horse/Court rejects insurance defense motion due to improper notarization where notary signature preceded the affiant's signature, highlighting critical procedural requirements.Fri, 28 Oct 2016 02:21:15 GMTAffidavitshttps://jtnylaw.com/2016/10/claims-representatives-attestation-is-sufficient-to-make-a-prima-facie-showing/https://jtnylaw.com/2016/10/claims-representatives-attestation-is-sufficient-to-make-a-prima-facie-showing/Court ruling establishes that a claims representative's affidavit explaining fee calculations using relative values and conversion factors creates sufficient prima facie evidence.Fri, 28 Oct 2016 02:17:38 GMTFee Schedulehttps://jtnylaw.com/2016/10/maya-again-loses-their-no-show-cases/https://jtnylaw.com/2016/10/maya-again-loses-their-no-show-cases/Maya Assurance Company loses three no-show IME cases in 2016, highlighting common defenses used by healthcare providers in no-fault insurance disputes.Fri, 28 Oct 2016 02:04:12 GMTIME issueshttps://jtnylaw.com/2016/10/lack-of-coverage-there-was-no-lease-for-the-vehicle/https://jtnylaw.com/2016/10/lack-of-coverage-there-was-no-lease-for-the-vehicle/New York court affirms no coverage where auto leasing company employee affidavit proved no policy existed for the vehicle on accident date in no-fault case.Fri, 28 Oct 2016 01:55:38 GMTCoveragehttps://jtnylaw.com/2016/10/ime-scheduling-letters-inclusion-if-an-apartment-number/https://jtnylaw.com/2016/10/ime-scheduling-letters-inclusion-if-an-apartment-number/Court ruling clarifies that insurance companies can use apartment numbers in IME scheduling letters even if not on original claim forms, with proper affidavit evidence.Fri, 28 Oct 2016 00:15:46 GMTIME issueshttps://jtnylaw.com/2016/10/rocket-docket-at-the-first-department/https://jtnylaw.com/2016/10/rocket-docket-at-the-first-department/First Department appeal challenging rocket docket preclusion in no-fault case, examining law office failure standards and interest of justice review procedures.Wed, 19 Oct 2016 03:47:23 GMTArticle 75Law Office Failurehttps://jtnylaw.com/2016/10/snooze-and-lose-rule/https://jtnylaw.com/2016/10/snooze-and-lose-rule/New York's brutal 20-day rule for staying arbitration when there's no coverage - Allstate loses SUM coverage dispute after missing deadline by monthsThu, 13 Oct 2016 22:13:19 GMTArbitrationshttps://jtnylaw.com/2016/10/fee-schedule-and-8-unit-issue/https://jtnylaw.com/2016/10/fee-schedule-and-8-unit-issue/Liberty Chiropractic v 21st Century Insurance case examining fee schedule defenses and 8-unit limitations under NY no-fault law, authentication requirements.Thu, 13 Oct 2016 22:05:01 GMTFee Schedulehttps://jtnylaw.com/2016/10/6561/https://jtnylaw.com/2016/10/6561/Insurance company loses summary judgment motion for failing to provide proper proof of plaintiff's non-appearance at examination under oath hearing.Thu, 13 Oct 2016 22:00:59 GMTEUO issueshttps://jtnylaw.com/2016/10/ime-no-show-reasonableness-not-enterained/https://jtnylaw.com/2016/10/ime-no-show-reasonableness-not-enterained/Court finds IME requests reasonable despite patient's prior IME attendance, ruling no-shows bar no-fault benefits regardless of reasonableness objections.Thu, 13 Oct 2016 21:57:54 GMTIME issueshttps://jtnylaw.com/2016/10/the-verifications-were-not-mailed/https://jtnylaw.com/2016/10/the-verifications-were-not-mailed/A no-fault insurance case where inadequate affidavits led to defeat, highlighting the importance of learning from legal mistakes and improving documentation strategies.Thu, 13 Oct 2016 21:51:51 GMTAdditional Verificationhttps://jtnylaw.com/2016/10/verification-non-receipt-partial-response-insufficient/https://jtnylaw.com/2016/10/verification-non-receipt-partial-response-insufficient/Court rules partial response to verification requests insufficient, requiring complete verification before claim payment or denial under NY no-fault law.Thu, 13 Oct 2016 21:47:32 GMTAdditional Verificationhttps://jtnylaw.com/2016/10/non-receipt-defense-prevails/https://jtnylaw.com/2016/10/non-receipt-defense-prevails/Court rules on non-receipt defense in no-fault insurance case where defendant successfully proved they never received claim form, highlighting e-filing benefits.Thu, 13 Oct 2016 21:41:15 GMTNon receipt of billhttps://jtnylaw.com/2016/10/the-dates-of-the-euos-do-not-need-to-be-placed-in-the-letters/https://jtnylaw.com/2016/10/the-dates-of-the-euos-do-not-need-to-be-placed-in-the-letters/NY court rules EUO scheduling letter dates need not be included in denial forms. Case law analysis on no-fault insurance EUO notice requirements.Thu, 13 Oct 2016 21:26:44 GMTEUO issueshttps://jtnylaw.com/2016/10/the-dme-equivalent-of-robert-physical-therapy-plays-out/https://jtnylaw.com/2016/10/the-dme-equivalent-of-robert-physical-therapy-plays-out/New York court rules that DME not included in fee schedules can still be compensable under 11 NYCRR 68.5, overturning insurance carrier arguments.Thu, 13 Oct 2016 21:16:55 GMTFee Schedulehttps://jtnylaw.com/2016/10/false-statement-about-prior-injuries-warrants-further-discovery/https://jtnylaw.com/2016/10/false-statement-about-prior-injuries-warrants-further-discovery/Discovery of false statements about prior injuries after case filing can warrant additional examinations under oath, potentially leading to coverage disclaimer.Fri, 07 Oct 2016 19:58:35 GMTEBT IssuesEUO issueshttps://jtnylaw.com/2016/10/another-arbitration-and-master-arbitrator-get-shamed-for-not-following-the-law/https://jtnylaw.com/2016/10/another-arbitration-and-master-arbitrator-get-shamed-for-not-following-the-law/Court vacates master arbitration award for failing to consider IME report despite electronic signature, highlighting CPLR 2106 flexibility in no-fault cases.Wed, 05 Oct 2016 00:53:39 GMT2106 and 2309https://jtnylaw.com/2016/09/amendment-of-11-nycrr-68-6-coming-soon/https://jtnylaw.com/2016/09/amendment-of-11-nycrr-68-6-coming-soon/New York proposes amending 11 NYCRR 68.6 to limit out-of-state no-fault health service reimbursement to highest NYS fee schedule rates for 2016.Fri, 30 Sep 2016 19:33:20 GMTFee Schedulehttps://jtnylaw.com/2016/09/the-prejudice-rule-in-action/https://jtnylaw.com/2016/09/the-prejudice-rule-in-action/Court applies prejudice rule when default judgment was vacated before insurer raised timely notice defense under Insurance Law § 3420(c)(2)(B).Fri, 30 Sep 2016 01:15:41 GMTTimely notice of claimhttps://jtnylaw.com/2016/09/ime-no-show-affidavit-executed-8-years-prior-to-the-no-show/https://jtnylaw.com/2016/09/ime-no-show-affidavit-executed-8-years-prior-to-the-no-show/Court rejected IME no-show affidavits executed 8 years after the missed appointments, emphasizing the need for contemporaneous documentation in no-fault cases.Fri, 30 Sep 2016 01:02:31 GMTIME issueshttps://jtnylaw.com/2016/09/euo-no-show-substantiated-again/https://jtnylaw.com/2016/09/euo-no-show-substantiated-again/Court reinforces proper procedures for proving EUO no-shows in no-fault insurance cases, citing established precedent on certified transcripts and mailing requirements.Fri, 30 Sep 2016 01:00:01 GMTEUO issueshttps://jtnylaw.com/2016/09/ime-no-show-complied-with-neptune-at-v-vance-and-3-5b-3-6b/https://jtnylaw.com/2016/09/ime-no-show-complied-with-neptune-at-v-vance-and-3-5b-3-6b/Insurance carriers can successfully deny no-fault claims when patients fail to appear for scheduled IMEs, provided proper procedures are followed for verification requests.Fri, 30 Sep 2016 00:56:39 GMTAdditional VerificationIME issueshttps://jtnylaw.com/2016/09/notice-of-intent-to-cancel-premium-finance-company/https://jtnylaw.com/2016/09/notice-of-intent-to-cancel-premium-finance-company/Court ruling highlights insufficient affidavits in no-fault cases where mailing procedures for cancellation notices weren't properly documented by insurers.Fri, 30 Sep 2016 00:48:31 GMTMailinghttps://jtnylaw.com/2016/09/the-sloppiness-of-manoo/https://jtnylaw.com/2016/09/the-sloppiness-of-manoo/Appellate Division grants leave to appeal in Mapfre v. Manoo declaratory judgment case, certifying question of law for Court of Appeals review.Fri, 30 Sep 2016 00:05:44 GMTDeclaratory Judgmentshttps://jtnylaw.com/2016/09/proof-insufficient-to-comply-with-65-3-5b-65-3-6b/https://jtnylaw.com/2016/09/proof-insufficient-to-comply-with-65-3-5b-65-3-6b/Court rules insufficient proof of proper EUO notice and no-show in Liberty Mutual v K.O. Med case, highlighting critical requirements for no-fault insurance denials.Thu, 29 Sep 2016 03:10:21 GMTDeclaratory JudgmentsEUO issueshttps://jtnylaw.com/2016/09/affidavit-of-errors/https://jtnylaw.com/2016/09/affidavit-of-errors/Understanding affidavit of errors in NY criminal appeals - procedural requirements for town and village court appeals when proceedings aren't stenographically recorded.Mon, 19 Sep 2016 19:53:34 GMTProcedural Issueshttps://jtnylaw.com/2016/09/jury-said-the-injury-was-related-to-a-stint-in-prison/https://jtnylaw.com/2016/09/jury-said-the-injury-was-related-to-a-stint-in-prison/Jury finds no serious injury after plaintiff failed to disclose prison-related pain, affirming verdict against lying plaintiff in NY no-fault case.Mon, 19 Sep 2016 19:12:34 GMTCoveragehttps://jtnylaw.com/2016/09/preliminary-injunction-denied-the-analysis-is-questionable/https://jtnylaw.com/2016/09/preliminary-injunction-denied-the-analysis-is-questionable/Court denies preliminary injunction in Liberty Mutual fraud case, finding insufficient evidence of fraudulent incorporation despite gaps in EUO testimony.Sat, 17 Sep 2016 03:11:32 GMTDeclaratory Judgment ActionDeclaratory JudgmentsMallela issueshttps://jtnylaw.com/2016/09/supreme-court-got-it-wrong-but-i-saw-a-tactical-error-in-the-euo/https://jtnylaw.com/2016/09/supreme-court-got-it-wrong-but-i-saw-a-tactical-error-in-the-euo/Supreme Court's ruling in State Farm v Thompson highlights strategic missteps in no-fault insurance declaratory judgment cases involving examination under oath procedures.Sat, 17 Sep 2016 02:46:40 GMTCoverageDeclaratory Judgmentshttps://jtnylaw.com/2016/09/another-article-75-needed-to-be-taken-against-aaa/https://jtnylaw.com/2016/09/another-article-75-needed-to-be-taken-against-aaa/Long Island attorney discusses Article 75 petition success against AAA master arbitrator decision in IME no-show case, highlighting systemic issues in no-fault arbitration.Sat, 17 Sep 2016 02:15:33 GMTArticle 75IME issueshttps://jtnylaw.com/2016/09/pl-210-45-verification-is-a-sufficient-affidavit/https://jtnylaw.com/2016/09/pl-210-45-verification-is-a-sufficient-affidavit/Court accepts Penal Law § 210.45 verified statements as sufficient affidavits to raise factual issues, highlighting New York's antiquated approach to sworn statements.Sat, 17 Sep 2016 01:33:07 GMT2106 and 2309https://jtnylaw.com/2016/09/interest-when-liability-is-stipulated/https://jtnylaw.com/2016/09/interest-when-liability-is-stipulated/Court ruling clarifies that stipulating to liability doesn't trigger prejudgment interest accrual, potentially costing plaintiffs significant money in lengthy cases.Sat, 17 Sep 2016 01:27:23 GMTinterestStipulationshttps://jtnylaw.com/2016/09/failure-to-check-e-mail-in-e-filed-case-is-a-reasonable-excuse-to-a-default/https://jtnylaw.com/2016/09/failure-to-check-e-mail-in-e-filed-case-is-a-reasonable-excuse-to-a-default/First Department rules that failure to regularly check email in e-filed cases can constitute reasonable excuse for vacating defaults, emphasizing particularized explanations.Sat, 17 Sep 2016 01:14:44 GMTDefaultshttps://jtnylaw.com/2016/09/the-missing-video/https://jtnylaw.com/2016/09/the-missing-video/NY court case where plaintiff's belated video disclosure during trial led to complaint dismissal, later reversed on appeal for lack of willful conduct evidence.Sat, 17 Sep 2016 00:54:06 GMTDiscoveryhttps://jtnylaw.com/2016/09/new-jersey-arbitration-statute-requires-an-application-for-article-75-relief/https://jtnylaw.com/2016/09/new-jersey-arbitration-statute-requires-an-application-for-article-75-relief/New Jersey arbitration statute requires application for Article 75 relief to compel arbitration in no-fault insurance disputes, as New York procedural law controls over substantive New Jersey law.Sat, 17 Sep 2016 00:35:12 GMTChoice of lawhttps://jtnylaw.com/2016/09/another-unsuccessful-4518a-challenge/https://jtnylaw.com/2016/09/another-unsuccessful-4518a-challenge/Court rules EUO scheduling letters don't need business records exception when offered to prove mailing, not truth of contents, expanding non-hearsay doctrine.Sat, 17 Sep 2016 00:17:33 GMTBusiness recordshttps://jtnylaw.com/2016/09/claim-rep-affidavit-sufficient-to-prove-no-insurance-in-effect/https://jtnylaw.com/2016/09/claim-rep-affidavit-sufficient-to-prove-no-insurance-in-effect/New York appellate court ruling shows claim representatives can provide sufficient affidavit evidence to prove no insurance coverage was in effect at time of accident.Sat, 17 Sep 2016 00:12:26 GMTNo Policy of Insurancehttps://jtnylaw.com/2016/09/tolling-of-interest/https://jtnylaw.com/2016/09/tolling-of-interest/New York no-fault insurance law on statutory interest tolling when providers delay prosecution of claims against insurers.Sat, 17 Sep 2016 00:06:54 GMTinteresthttps://jtnylaw.com/2016/09/unpleaded-affirmative-defense-is-sufficient/https://jtnylaw.com/2016/09/unpleaded-affirmative-defense-is-sufficient/Court rules unpleaded affirmative defenses of collateral estoppel and res judicata can support summary judgment in no-fault cases without surprise or prejudice.Fri, 16 Sep 2016 23:40:56 GMTDeclaratory JudgmentsRes Judicatahttps://jtnylaw.com/2016/09/discrepancy-between-the-judgment-and-the-decision-decision-controls/https://jtnylaw.com/2016/09/discrepancy-between-the-judgment-and-the-decision-decision-controls/No-fault insurance case highlights how small-dollar disputes can escalate into costly appeals, raising questions about proportionality in litigation strategy.Fri, 16 Sep 2016 20:09:43 GMTProcedural Issueshttps://jtnylaw.com/2016/09/an-unincorporated-solo-practitioner-using-his-own-social-security-number/https://jtnylaw.com/2016/09/an-unincorporated-solo-practitioner-using-his-own-social-security-number/Court ruling on proper taxpayer identification requirements for no-fault insurance billing providers and when social security numbers vs EINs must be used.Fri, 16 Sep 2016 19:55:01 GMTMallela issuesProcedural Issueshttps://jtnylaw.com/2016/07/scope-of-cross-examination/https://jtnylaw.com/2016/07/scope-of-cross-examination/Court of Appeals framework for cross-examining medical professionals on prior bad acts, criminal conduct, and credibility issues in New York litigation.Mon, 18 Jul 2016 19:29:22 GMTProcedural Issueshttps://jtnylaw.com/2016/07/judicial-notice-v-cplr-4518c/https://jtnylaw.com/2016/07/judicial-notice-v-cplr-4518c/Court clarifies distinction between judicial notice and CPLR 4518(c) for DOS records, finding uncertified printouts inadmissible despite government website sources.Mon, 18 Jul 2016 19:19:14 GMT2106 and 2309https://jtnylaw.com/2016/07/unpleaded-defense-can-serve-as-basis-to-move-for-summary-judgmemnt/https://jtnylaw.com/2016/07/unpleaded-defense-can-serve-as-basis-to-move-for-summary-judgmemnt/NY court rules unpleaded defenses can support summary judgment motions without prejudice or surprise to opposing party in insurance litigation.Mon, 18 Jul 2016 18:53:01 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2016/07/6442/https://jtnylaw.com/2016/07/6442/Court ruling clarifies that healthcare providers who fail to respond to EUO requests cannot later challenge their reasonableness, waiving discovery rights in no-fault litigation.Wed, 13 Jul 2016 20:44:56 GMTEUO issueshttps://jtnylaw.com/2016/07/6438/https://jtnylaw.com/2016/07/6438/Court ruling on EUO no-shows: mutual rescheduling between two missed examinations under oath still constitutes valid grounds for denial in New York no-fault cases.Wed, 13 Jul 2016 20:16:13 GMTEUO issueshttps://jtnylaw.com/2016/07/when-insanity-is-more-persuasive-than-reason/https://jtnylaw.com/2016/07/when-insanity-is-more-persuasive-than-reason/Appeals court vacates inappropriate default judgment in no-fault insurance case where trial court refused reasonable adjournment despite clear calendar confusion.Wed, 13 Jul 2016 20:10:12 GMTProcedural Issueshttps://jtnylaw.com/2016/07/fraudulent-procurement-defense-looks-more-like-a-3105-defense/https://jtnylaw.com/2016/07/fraudulent-procurement-defense-looks-more-like-a-3105-defense/New York court rules fraudulent procurement defense requires same evidence standards as Insurance Law 3105 material misrepresentation claims in no-fault cases.Mon, 11 Jul 2016 00:38:27 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2016/07/trial-de-novos-and-exhausting-administrative-remedies/https://jtnylaw.com/2016/07/trial-de-novos-and-exhausting-administrative-remedies/Appeals of trial de novo rulings and Article 75 decisions in NY no-fault insurance arbitration cases, including master arbitration brief requirements and administrative remedies.Thu, 07 Jul 2016 21:57:38 GMTArbitrationsArticle 75Declaratory Judgment Actionhttps://jtnylaw.com/2016/07/the-euo-bust-statement-as-a-business-record/https://jtnylaw.com/2016/07/the-euo-bust-statement-as-a-business-record/Learn how EUO bust statements can serve as admissible business records in NY no-fault insurance cases, including court analysis and practical litigation tips.Thu, 07 Jul 2016 21:30:13 GMTBusiness recordsEUO issueshttps://jtnylaw.com/2016/06/a-sighting-of-interboard-in-action/https://jtnylaw.com/2016/06/a-sighting-of-interboard-in-action/Court ruling shows "interboard" IME cutoff requirements in action - acupuncture provider loses no-fault case for lack of medical evidence opposing summary judgment motion.Thu, 30 Jun 2016 18:48:32 GMTFee ScheduleMedical Necessityhttps://jtnylaw.com/2016/06/6424/https://jtnylaw.com/2016/06/6424/First Department reverses Supreme Court's vacatur of arbitration award involving Mallela defense burden of proof in no-fault insurance reimbursement case.Thu, 30 Jun 2016 18:40:38 GMTMallela issueshttps://jtnylaw.com/2016/06/default-first-department-reverses-vacatur-of-the-judgment/https://jtnylaw.com/2016/06/default-first-department-reverses-vacatur-of-the-judgment/First Department reverses vacatur of default judgment due to insurer's inadequate excuse for two-year delay and lack of personal knowledge of office procedures.Mon, 27 Jun 2016 19:17:56 GMTDefaultshttps://jtnylaw.com/2016/06/the-civil-kings-briefing-schedule/https://jtnylaw.com/2016/06/the-civil-kings-briefing-schedule/Court case analyzing default judgment after late opposition papers, examining Civil Kings briefing schedule adherence and prejudice standards in NY courts.Mon, 27 Jun 2016 18:53:20 GMTDefaultshttps://jtnylaw.com/2016/06/expansion-of-mallela/https://jtnylaw.com/2016/06/expansion-of-mallela/Second Department expands Mallela doctrine in Liberty Mutual v Raia Medical, addressing physician billing rights when practice owner lacks specific certification skillsThu, 23 Jun 2016 05:01:25 GMTDeclaratory Judgmentshttps://jtnylaw.com/2016/06/5102d-baseline-under-an-aggravation-and-exacervbation/https://jtnylaw.com/2016/06/5102d-baseline-under-an-aggravation-and-exacervbation/How defendants can defeat 5102(d) serious injury threshold claims under aggravation and exacerbation theories - Boroszko v Zylinski case analysisTue, 21 Jun 2016 18:24:15 GMT5102(d) issueshttps://jtnylaw.com/2016/06/equitable-subrogation-takes-the-backseat-to-the-wording-of-the-regualtion/https://jtnylaw.com/2016/06/equitable-subrogation-takes-the-backseat-to-the-wording-of-the-regualtion/New York no-fault insurance regulation limits benefit payments to applicants or healthcare providers only, blocking health insurers from claiming subrogation rights.Mon, 20 Jun 2016 21:31:52 GMTCoveragehttps://jtnylaw.com/2016/06/late-notice-defense-sustained/https://jtnylaw.com/2016/06/late-notice-defense-sustained/Court sustains late notice defense when medical provider failed to submit no-fault claims within required timeframe and couldn't prove valid excuse for delay.Mon, 20 Jun 2016 04:50:15 GMTTimely submissions of Billshttps://jtnylaw.com/2016/06/imeeuo-no-show-substantiated-first-department/https://jtnylaw.com/2016/06/imeeuo-no-show-substantiated-first-department/New York appellate court decisions clarify evidence requirements for proving IME and EUO no-shows in no-fault insurance disputes through sworn affidavits.Mon, 20 Jun 2016 04:40:52 GMTEUO issuesIME issueshttps://jtnylaw.com/2016/06/euo-sustained-failure-to-challenge-euo-requests-is-fatal-to-providers-position/https://jtnylaw.com/2016/06/euo-sustained-failure-to-challenge-euo-requests-is-fatal-to-providers-position/Court upholds no-fault insurer's EUO denial after provider failed to challenge examination requests. Key ruling on EUO justification requirements in NY.Mon, 20 Jun 2016 04:33:10 GMTEUO issueshttps://jtnylaw.com/2016/06/the-verification-affidavits-again/https://jtnylaw.com/2016/06/the-verification-affidavits-again/Court ruling shows how healthcare providers can overcome insurance company claims of non-receipt of verification documents through proper affidavits and evidence.Mon, 20 Jun 2016 04:29:16 GMTAdditional Verificationhttps://jtnylaw.com/2016/06/ebts-of-medical-necessity-cases/https://jtnylaw.com/2016/06/ebts-of-medical-necessity-cases/Court decisions on EBT examinations in New York no-fault medical necessity cases, including timing of summary judgment motions and compelling plaintiff depositions.Mon, 20 Jun 2016 04:26:26 GMTEBT Issueshttps://jtnylaw.com/2016/06/prestigious-euo-firm-seems-to-have-partners-who-lack-personal-knowledge/https://jtnylaw.com/2016/06/prestigious-euo-firm-seems-to-have-partners-who-lack-personal-knowledge/NY appeals court rejects EUO firm's affirmations lacking personal knowledge in three no-fault insurance cases, highlighting procedural deficiencies in summary judgment motions.Mon, 20 Jun 2016 04:19:14 GMTEUO issueshttps://jtnylaw.com/2016/06/euo-no-show-from-the-first-department-lucky-win-by-mapfre/https://jtnylaw.com/2016/06/euo-no-show-from-the-first-department-lucky-win-by-mapfre/First Department ruling on EUO no-shows in Mapfre v Manoo case - examining scheduling requirements and follow-up provisions under NY no-fault insurance regulations.Tue, 14 Jun 2016 05:02:56 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2016/06/euo-no-show-whats-the-reason/https://jtnylaw.com/2016/06/euo-no-show-whats-the-reason/Learn why EUO no-shows occur when insurers fail to provide required justification. Court rules insurers must give specific objective reasons for EUO requests.Sat, 11 Jun 2016 04:27:40 GMTEUO issueshttps://jtnylaw.com/2016/06/medical-necessity/https://jtnylaw.com/2016/06/medical-necessity/A key New York no-fault case showing how IME reports can establish lack of medical necessity even when acknowledging ongoing disabilities and need for some treatment.Sat, 11 Jun 2016 04:20:43 GMTIME issueshttps://jtnylaw.com/2016/06/allstate-euo-no-show-cases/https://jtnylaw.com/2016/06/allstate-euo-no-show-cases/Court rejects Allstate's EUO no-show defense due to insufficient proof of nonappearance, highlighting the importance of proper documentation in no-fault insurance disputes.Sat, 11 Jun 2016 04:15:48 GMTEUO issuesMailinghttps://jtnylaw.com/2016/06/renewal-granted/https://jtnylaw.com/2016/06/renewal-granted/Court grants renewal motion to correct typographical error in affidavit, demonstrating judicial discretion when parties show reasonable justification for mistakes.Sat, 11 Jun 2016 04:09:44 GMTRenew and rearguehttps://jtnylaw.com/2016/06/the-denial-just-has-to-set-forth-a-fee-schedule-defense/https://jtnylaw.com/2016/06/the-denial-just-has-to-set-forth-a-fee-schedule-defense/Court ruling clarifies that insurance companies can raise fee schedule defenses without specific details in denial forms, contrary to recent AAA arbitration trends.Fri, 10 Jun 2016 22:30:49 GMTFee Schedulehttps://jtnylaw.com/2016/06/the-ime-doctor-is-in-numerous-places/https://jtnylaw.com/2016/06/the-ime-doctor-is-in-numerous-places/Court finds serious concerns when IME doctors claim to be in multiple locations simultaneously, potentially establishing grounds for bad faith insurance claims.Fri, 10 Jun 2016 19:12:55 GMTIME issueshttps://jtnylaw.com/2016/06/enough-with-the-rybak-verification-affidavit/https://jtnylaw.com/2016/06/enough-with-the-rybak-verification-affidavit/Long Island no-fault attorney criticizes Appellate Term's handling of Rybak verification affidavit cases, calling for proper proof standards in summary judgment motions.Fri, 10 Jun 2016 19:07:16 GMTAdditional Verificationhttps://jtnylaw.com/2016/06/sum-game-changer/https://jtnylaw.com/2016/06/sum-game-changer/New York appellate ruling redefines SUM insurance offset calculations for motor vehicle accidents involving non-motor vehicle tortfeasors like municipalities.Thu, 09 Jun 2016 04:03:14 GMTNo-Faulthttps://jtnylaw.com/2016/06/6370/https://jtnylaw.com/2016/06/6370/Court rules that uncertified police reports containing defendant admissions are admissible evidence, even when defendant later contradicts those statements in affidavit.Wed, 08 Jun 2016 23:00:48 GMTEvidencehttps://jtnylaw.com/2016/06/interesting-new-regulation-fee-schedule-discussion-and-an-example-of-sloppiness/https://jtnylaw.com/2016/06/interesting-new-regulation-fee-schedule-discussion-and-an-example-of-sloppiness/New York no-fault fee schedule defense analysis examining NF-10 denial form requirements and regulation provisions under 11 NYCRR 65-3.8 in Long Island courts.Fri, 03 Jun 2016 19:22:47 GMTFee Schedulehttps://jtnylaw.com/2016/06/defaults-required-military-affidavit-maybe-oca-can-do-something/https://jtnylaw.com/2016/06/defaults-required-military-affidavit-maybe-oca-can-do-something/Analysis of military affidavit requirements for default judgments in NY courts, discussing jurisdictional defects and OCA reform proposals for streamlined procedures.Fri, 03 Jun 2016 18:59:56 GMTDefaultshttps://jtnylaw.com/2016/06/use-and-occupation/https://jtnylaw.com/2016/06/use-and-occupation/Important Nakhla case clarifies "use and operation" coverage when person exits vehicle and is struck - affects first-party benefits and SUM coverage priority rules.Fri, 03 Jun 2016 04:05:38 GMTUse and Operationhttps://jtnylaw.com/2016/06/the-permissive-use-statute-trumps-the-rental-agreement/https://jtnylaw.com/2016/06/the-permissive-use-statute-trumps-the-rental-agreement/New York Appellate Term rules permissive use statute prevents rental companies from seeking indemnification from renters for accidents by unauthorized drivers.Fri, 03 Jun 2016 03:24:44 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2016/06/policy-exhaustion-and-the-harmonic-physical-therapy-exception/https://jtnylaw.com/2016/06/policy-exhaustion-and-the-harmonic-physical-therapy-exception/NY court ruling on no-fault policy exhaustion disputes and Harmonic Physical Therapy exception for priority of payment under arbitration awards in 2016 case.Fri, 03 Jun 2016 03:02:06 GMTPolicy Exhaustionhttps://jtnylaw.com/2016/05/unitrin-has-been-back-doored-into-the-second-department/https://jtnylaw.com/2016/05/unitrin-has-been-back-doored-into-the-second-department/Second Department reverses Bronx Supreme Court ruling, applying Unitrin precedent to vacate master arbitrator's award in NY no-fault insurance case involving IME no-shows.Tue, 31 May 2016 22:56:33 GMTArticle 75IME issueshttps://jtnylaw.com/2016/05/article-75-attorneys-fees-are-now-limited/https://jtnylaw.com/2016/05/article-75-attorneys-fees-are-now-limited/Court limits Article 75 attorney fees to $650 in no-fault insurance arbitration proceedings, raising questions about DFS regulation interpretation.Tue, 31 May 2016 22:44:37 GMTAttorney feehttps://jtnylaw.com/2016/05/a-really-bad-default/https://jtnylaw.com/2016/05/a-really-bad-default/New York appellate court case rejecting law office failure excuse for default, showing pattern of persistent inaction and willful neglect by defense counsel.Wed, 25 May 2016 01:11:08 GMTLaw Office Failurehttps://jtnylaw.com/2016/05/6344/https://jtnylaw.com/2016/05/6344/New York court finds insurance company failed to prove EUO no-show due to inadequate attorney affirmation lacking personal knowledge and proper procedural documentation.Fri, 20 May 2016 23:08:24 GMTEUO issueshttps://jtnylaw.com/2016/05/incarceration-is-a-valid-excuse-for-no-show-euo/https://jtnylaw.com/2016/05/incarceration-is-a-valid-excuse-for-no-show-euo/New York court rules that incarceration creates triable issues for excusable no-show at examination under oath, requiring case-by-case analysis of circumstances.Fri, 20 May 2016 23:07:46 GMTIME issueshttps://jtnylaw.com/2016/05/6339/https://jtnylaw.com/2016/05/6339/New York court finds triable issues when insurance company claims IME no-show without proper foundation, highlighting burden of proof requirements in no-fault cases.Fri, 20 May 2016 23:04:20 GMTIME issueshttps://jtnylaw.com/2016/05/mvaic-created-issue-of-fact/https://jtnylaw.com/2016/05/mvaic-created-issue-of-fact/MVAIC's contradictory evidence about notice of claim filing created triable issues, demonstrating why defendants shouldn't introduce conflicting proof in no-fault cases.Fri, 20 May 2016 23:00:49 GMTTimely notice of claimTimeliness of requestshttps://jtnylaw.com/2016/05/it-really-was-not-on-consent/https://jtnylaw.com/2016/05/it-really-was-not-on-consent/Court case about correcting order notation from "consent" to reflect actual oral argument in no-fault insurance provider lawsuit against Tri-State Consumer Insurance.Fri, 20 May 2016 22:55:14 GMTProcedural Issueshttps://jtnylaw.com/2016/05/3-2-1-contact/https://jtnylaw.com/2016/05/3-2-1-contact/A significant no-fault insurance case heads to New York's Court of Appeals, potentially resolving the statute of limitations dispute for self-insured entities.Sat, 14 May 2016 00:53:41 GMTStatute of Limitationshttps://jtnylaw.com/2016/05/a-wagmanbradshaw-foundation-is-necessary-for-emgncv-results/https://jtnylaw.com/2016/05/a-wagmanbradshaw-foundation-is-necessary-for-emgncv-results/Appellate court ruling requires proper foundation for EMG/NCV electrodiagnostic test reports in personal injury cases under Wagman/Bradshaw standard.Fri, 13 May 2016 23:24:00 GMT5102(d) issuesBusiness recordshttps://jtnylaw.com/2016/05/it-is-not-hearsay-4518-and-4539/https://jtnylaw.com/2016/05/it-is-not-hearsay-4518-and-4539/New York court ruling on insurance policy declaration pages: not hearsay under CPLR 4518 and 4539, plus authentication requirements for electronic records.Fri, 13 May 2016 22:31:36 GMTBusiness recordsPolicy Exhaustionhttps://jtnylaw.com/2016/05/cpt-code-97026/https://jtnylaw.com/2016/05/cpt-code-97026/Court reverses summary judgment denial for CPT code 97026 infrared therapy billing, reinforcing recent case law favoring healthcare providers in no-fault disputes.Fri, 13 May 2016 22:20:50 GMTFee Schedulehttps://jtnylaw.com/2016/05/staged-accident-not-proven/https://jtnylaw.com/2016/05/staged-accident-not-proven/Court rules insurance company failed to prove staged accident claims due to inadmissible evidence and lack of personal knowledge in NY no-fault case.Tue, 10 May 2016 18:31:57 GMTCoveragehttps://jtnylaw.com/2016/05/problems-in-the-progressive-affidavits-again/https://jtnylaw.com/2016/05/problems-in-the-progressive-affidavits-again/Progressive's flawed EUO scheduling affidavits fail to prove proper mailing, allowing medical providers to skip examinations and creating enforcement challenges.Tue, 10 May 2016 18:29:03 GMTEUO issueshttps://jtnylaw.com/2016/05/negligent-hand-shaking-is-not-actionable/https://jtnylaw.com/2016/05/negligent-hand-shaking-is-not-actionable/Court dismisses negligent handshaking lawsuit, ruling that ordinary social interactions don't create sufficient risk of harm to establish legal liability under New York law.Tue, 10 May 2016 18:13:33 GMTNo-Faulthttps://jtnylaw.com/2016/05/90180-from-the-fourth-department/https://jtnylaw.com/2016/05/90180-from-the-fourth-department/The Fourth Department clarifies what evidence plaintiffs need to defeat 90/180 threshold summary judgment motions in no-fault cases, emphasizing objective medical findings and activity restrictions.Tue, 10 May 2016 18:10:52 GMT5102(d) issueshttps://jtnylaw.com/2016/05/an-interesting-credit-card-case/https://jtnylaw.com/2016/05/an-interesting-credit-card-case/This NY appellate case shows credit card companies must prove breach of contract and account holder assent, creating potential defenses for cardholders facing collection lawsuits.Wed, 04 May 2016 00:29:21 GMTAffidavitshttps://jtnylaw.com/2016/05/aaa-is-licensed-to-transact-business-in-ny-and-recission-not-allowed/https://jtnylaw.com/2016/05/aaa-is-licensed-to-transact-business-in-ny-and-recission-not-allowed/NY court rules AAA Michigan must follow NY law despite out-of-state status, blocking policy rescission to protect innocent third parties in no-fault claims.Tue, 03 May 2016 23:58:35 GMTChoice of lawhttps://jtnylaw.com/2016/04/um-hearing-evidence-insufficient-to-prove-presence-of-coverage/https://jtnylaw.com/2016/04/um-hearing-evidence-insufficient-to-prove-presence-of-coverage/UM hearing case where petitioner failed to prove vehicle identification and insurance coverage at accident time - insufficient evidence under NY law.Mon, 18 Apr 2016 22:26:22 GMTCoveragehttps://jtnylaw.com/2016/04/6298/https://jtnylaw.com/2016/04/6298/Court rules USAA not liable for no-fault benefits in pedestrian knockdown case where insured and passenger affidavits denied contact, creating coverage gaps.Mon, 18 Apr 2016 22:09:36 GMTCoveragehttps://jtnylaw.com/2016/04/very-sneaky-um-arbitration-case-on-geicos-part/https://jtnylaw.com/2016/04/very-sneaky-um-arbitration-case-on-geicos-part/Geico attempts to recover $25,000 from Global Liberty after paying uninsured motorist claim, despite failing to challenge coverage disclaimer in arbitration.Mon, 18 Apr 2016 22:04:23 GMTCoveragehttps://jtnylaw.com/2016/04/an-aob-is-not-necessary-at-all/https://jtnylaw.com/2016/04/an-aob-is-not-necessary-at-all/Court rules Assignment of Benefits not required for no-fault claims prima facie case. Defendants must properly raise AOB issues first before inquiry permitted.Mon, 18 Apr 2016 21:48:14 GMTAssignment of Benefitshttps://jtnylaw.com/2016/04/procedural-faux-pas/https://jtnylaw.com/2016/04/procedural-faux-pas/New York appellate court clarifies when procedural defects are fatal versus correctable, emphasizing courts should allow supplementation rather than dismissal.Wed, 06 Apr 2016 20:36:12 GMTProcedural Issueshttps://jtnylaw.com/2016/04/framed-issue-hearing-on-ins-law-5107/https://jtnylaw.com/2016/04/framed-issue-hearing-on-ins-law-5107/Court ruling on Insurance Law Section 5107 requiring out-of-state insurers to provide New York no-fault benefits when vehicles operate in NY state.Mon, 04 Apr 2016 20:34:10 GMTArbitrationshttps://jtnylaw.com/2016/03/substitute-imes-i-need-your-help/https://jtnylaw.com/2016/03/substitute-imes-i-need-your-help/Attorney Jason Tenenbaum questions whether insurance carriers should be allowed to substitute IME doctors at trial, seeking input on courts permitting this practice.Thu, 31 Mar 2016 02:29:02 GMTNo-Faulthttps://jtnylaw.com/2016/03/triable-issue-of-fact-as-to-medical-necessity/https://jtnylaw.com/2016/03/triable-issue-of-fact-as-to-medical-necessity/Court finds triable issue of fact on medical necessity when plaintiff's medical affidavit specified assignor's conditions and described benefits of disputed medical supplies.Wed, 30 Mar 2016 18:23:16 GMTMedical Necessityhttps://jtnylaw.com/2016/03/affidavit-issues-once-again-invade-hertz-motion-practice/https://jtnylaw.com/2016/03/affidavit-issues-once-again-invade-hertz-motion-practice/Hertz loses motion due to defective affidavits lacking personal knowledge of IME no-shows, highlighting critical evidentiary requirements in no-fault cases.Wed, 30 Mar 2016 18:16:58 GMTIME issueshttps://jtnylaw.com/2016/03/what-is-it-that-these-law-firm-affidavits-are-missing/https://jtnylaw.com/2016/03/what-is-it-that-these-law-firm-affidavits-are-missing/Court dismisses insurance company's motion due to flawed affidavit lacking personal knowledge of EUO non-appearance, highlighting common procedural errors in no-fault cases.Tue, 29 Mar 2016 19:06:35 GMTEUO issueshttps://jtnylaw.com/2016/03/euo-defense-not-sustained/https://jtnylaw.com/2016/03/euo-defense-not-sustained/Court ruling on EUO defense failure when law firm partner's affirmation lacked personal knowledge of plaintiff's nonappearance at examinations under oathTue, 29 Mar 2016 18:28:43 GMTEUO issueshttps://jtnylaw.com/2016/03/suit-on-a-workers-compensation-policy-dismissed-on-lack-of-coverage-grounds/https://jtnylaw.com/2016/03/suit-on-a-workers-compensation-policy-dismissed-on-lack-of-coverage-grounds/New York court dismisses workers compensation policy suit, ruling insurer can raise lack of coverage defense regardless of claim denial timing or propriety.Tue, 29 Mar 2016 18:25:08 GMTWorkers Compensationhttps://jtnylaw.com/2016/03/motion-to-dismiss-complaint-reversed-the-interest-clock-continues/https://jtnylaw.com/2016/03/motion-to-dismiss-complaint-reversed-the-interest-clock-continues/Court reverses motion to dismiss in no-fault insurance case, ruling interest clock continues despite pleading deficiencies when opposition provides sufficient information.Fri, 25 Mar 2016 22:25:49 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2016/03/tolling-for-an-ime-or-euo/https://jtnylaw.com/2016/03/tolling-for-an-ime-or-euo/Court ruling clarifies that insurance carriers must submit IME scheduling letters to toll the 30-day payment period in NY no-fault cases - key practice tip.Fri, 25 Mar 2016 22:17:31 GMTIME issueshttps://jtnylaw.com/2016/03/another-proof-of-the-no-show/https://jtnylaw.com/2016/03/another-proof-of-the-no-show/Court ruling highlights evidentiary standards for proving patient no-shows at IMEs, questioning the temporal limits and procedural requirements for valid affidavits.Fri, 25 Mar 2016 22:07:19 GMTIME issueshttps://jtnylaw.com/2016/03/timely-euo-viz-gcl-25-a/https://jtnylaw.com/2016/03/timely-euo-viz-gcl-25-a/Court decisions on EUO timing requirements under GCL 25-a when 10th day falls on Sunday, including analysis of follow-up request strategies.Tue, 22 Mar 2016 00:39:24 GMTEUO issueshttps://jtnylaw.com/2016/03/lack-of-coverage-sustained/https://jtnylaw.com/2016/03/lack-of-coverage-sustained/Court affirms that insurance company employee affidavit successfully demonstrated no policy coverage existed for vehicle on accident date, establishing valid defense.Mon, 21 Mar 2016 21:16:18 GMTCoveragehttps://jtnylaw.com/2016/03/allstate-letters-not-timely-or-properly-mailed/https://jtnylaw.com/2016/03/allstate-letters-not-timely-or-properly-mailed/Court rules Allstate failed to prove proper mailing of EUO scheduling letters, highlighting critical procedural requirements in no-fault insurance disputes.Mon, 21 Mar 2016 21:13:37 GMTEUO issueshttps://jtnylaw.com/2016/03/maya-cannot-prove-anything-is-mailed/https://jtnylaw.com/2016/03/maya-cannot-prove-anything-is-mailed/Maya Insurance Co. loses three no-fault cases due to claims adjuster's contradictory testimony about mailing denial forms before her employment start date.Mon, 21 Mar 2016 21:11:17 GMTMailinghttps://jtnylaw.com/2016/03/6240/https://jtnylaw.com/2016/03/6240/Court reverses order after plaintiff's affidavit failed to meaningfully rebut defendant's peer review report showing lack of medical necessity for treatment.Mon, 21 Mar 2016 21:04:48 GMTMedical Necessityhttps://jtnylaw.com/2016/03/examination-under-oath-objections-waived/https://jtnylaw.com/2016/03/examination-under-oath-objections-waived/Court rules that plaintiffs who fail to respond to EUO requests cannot later object to defective scheduling letters, waiving their right to challenge procedural defects.Mon, 21 Mar 2016 20:56:10 GMTEUO issueshttps://jtnylaw.com/2016/03/written-proof-of-loss-is-when-it-is-mailed/https://jtnylaw.com/2016/03/written-proof-of-loss-is-when-it-is-mailed/Court rules that mailing written proof of loss satisfies 30-day notice requirement under NY no-fault insurance regulations, even if insurer receives it later.Mon, 21 Mar 2016 20:46:09 GMTTimely notice of claimhttps://jtnylaw.com/2016/03/material-misrepresentation/https://jtnylaw.com/2016/03/material-misrepresentation/NY Court of Appeals ruling on material misrepresentation standards for no-fault insurance policy procurement fraud defense in Renelique v National Liability case.Mon, 21 Mar 2016 20:30:54 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2016/03/cplr-3404-does-not-apply/https://jtnylaw.com/2016/03/cplr-3404-does-not-apply/Court ruling highlights how NYC Civil Court's Uniform Rules require stricter standards than CPLR 3404 when restoring stricken cases to calendar.Mon, 21 Mar 2016 20:15:54 GMT3404https://jtnylaw.com/2016/03/an-appeal-for-the-sake-of-an-appeal/https://jtnylaw.com/2016/03/an-appeal-for-the-sake-of-an-appeal/New York appellate court reverses summary judgment in no-fault insurance case due to missing affidavit, raising questions about the necessity of the appeal.Mon, 21 Mar 2016 20:06:16 GMTChoice of lawhttps://jtnylaw.com/2016/03/judicial-notice-of-the-supreme-court-file/https://jtnylaw.com/2016/03/judicial-notice-of-the-supreme-court-file/New York Appellate Term explores judicial notice boundaries in res judicata case, examining when courts "may" take notice of Supreme Court records without party request.Mon, 21 Mar 2016 20:02:58 GMTDeclaratory Judgment ActionDeclaratory JudgmentsEvidencehttps://jtnylaw.com/2016/03/an-article-75-that-went-nowhere/https://jtnylaw.com/2016/03/an-article-75-that-went-nowhere/Article 75 case where acupuncture provider's arbitration award was vacated due to policy limits being exceeded, resulting in unsuccessful court challenge.Mon, 21 Mar 2016 19:54:51 GMTArbitrationshttps://jtnylaw.com/2016/03/appellate-division-opines-on-lack-of-medical-necessity-defense/https://jtnylaw.com/2016/03/appellate-division-opines-on-lack-of-medical-necessity-defense/Appellate Division rules on medical necessity defense requirements, establishing standards for rebutting IME reports in no-fault insurance cases.Wed, 02 Mar 2016 06:29:32 GMTMedical Necessityhttps://jtnylaw.com/2016/02/supreme-court-held-that-medicaid-fee-schedule-applies-to-cpm-rental/https://jtnylaw.com/2016/02/supreme-court-held-that-medicaid-fee-schedule-applies-to-cpm-rental/Supreme Court ruling applies Medicaid fee schedule to CPM rental in no-fault insurance case, potentially ending reasonable and customary charges for providers.Fri, 26 Feb 2016 22:33:34 GMTArticle 75Fee Schedulehttps://jtnylaw.com/2016/02/triable-issue-of-fact-as-to-submission-of-claim/https://jtnylaw.com/2016/02/triable-issue-of-fact-as-to-submission-of-claim/Court finds triable issue of fact exists when insurance company claims non-receipt of claim form but provider has proof of mailing. Untimely submission alone doesn't warrant dismissal.Fri, 26 Feb 2016 22:18:28 GMTNon receipt of billhttps://jtnylaw.com/2016/02/the-bad-faith-boondoggle-that-we-knew-was-coming/https://jtnylaw.com/2016/02/the-bad-faith-boondoggle-that-we-knew-was-coming/Court ruling on GEICO bad faith insurance claim dismissal - analyzing SUM benefits dispute and insurer's duty to act in good faith under NY law.Thu, 25 Feb 2016 01:42:45 GMTBad Faithhttps://jtnylaw.com/2016/02/the-proof-of-no-show/https://jtnylaw.com/2016/02/the-proof-of-no-show/New York court ruling highlights the importance of proper documentation when proving IME no-shows in no-fault insurance cases, requiring specific basis of knowledge.Sun, 21 Feb 2016 02:26:52 GMTIME issueshttps://jtnylaw.com/2016/02/personal-knowledge-from-the-first-department/https://jtnylaw.com/2016/02/personal-knowledge-from-the-first-department/New York appellate court clarifies personal knowledge requirements for insurance attorneys in EUO no-show cases, highlighting key differences between departments.Sun, 21 Feb 2016 02:22:35 GMTEUO issueshttps://jtnylaw.com/2016/02/2106-and-a-prima-facie-comment/https://jtnylaw.com/2016/02/2106-and-a-prima-facie-comment/Court ruling on CPLR 2106 affirmations and prima facie requirements for no-fault insurance claims, including chiropractor limitations and 30-day payment rules.Sun, 21 Feb 2016 02:17:32 GMT2106 and 2309Medical NecessityPrima Facie casehttps://jtnylaw.com/2016/02/scope-of-testimony-regarding-deviations/https://jtnylaw.com/2016/02/scope-of-testimony-regarding-deviations/Analysis of testimony standards regarding deviations in no-fault medical necessity cases, examining proper questioning techniques and legal rationale requirements.Sun, 21 Feb 2016 02:05:50 GMTMedical Necessityhttps://jtnylaw.com/2016/02/a-dj-without-a-purpose/https://jtnylaw.com/2016/02/a-dj-without-a-purpose/Court dismisses carrier's declaratory judgment lacking Manhattan nexus when arbitration demands filed, highlighting jurisdictional issues in no-fault cases.Wed, 17 Feb 2016 20:39:41 GMTDeclaratory Judgmentshttps://jtnylaw.com/2016/02/substantial-compliance-satisfied-stipulation/https://jtnylaw.com/2016/02/substantial-compliance-satisfied-stipulation/Court finds substantial compliance with settlement stipulation sufficient grounds to vacate judgment, demonstrating rare but important exception to strict enforcement rules.Fri, 12 Feb 2016 03:15:00 GMTStipulationshttps://jtnylaw.com/2016/02/verification-received-i-think-not/https://jtnylaw.com/2016/02/verification-received-i-think-not/Court ruling shows employee affidavits can create legal presumptions about mailed verification documents, raising questions about premature insurance claims.Fri, 12 Feb 2016 02:49:22 GMTSeverencehttps://jtnylaw.com/2016/02/vtl-3132a-not-complied-with/https://jtnylaw.com/2016/02/vtl-3132a-not-complied-with/Court ruling clarifies VTL 313(2)(a) filing requirements for insurance policy terminations and their impact on third-party claims and benefits.Fri, 12 Feb 2016 02:28:24 GMTCancellation of policyhttps://jtnylaw.com/2016/02/trial-de-novo-summary-judgment-motion-appealed/https://jtnylaw.com/2016/02/trial-de-novo-summary-judgment-motion-appealed/Appellate Division reverses trial court on no-fault insurance denial mailing practices and medical necessity evidence, establishing prima facie case standards.Fri, 12 Feb 2016 02:21:42 GMTDeclaratory JudgmentsMailingMedical Necessityhttps://jtnylaw.com/2016/02/later-conflicting-statements-are-feigned-issues-of-fact/https://jtnylaw.com/2016/02/later-conflicting-statements-are-feigned-issues-of-fact/New York courts reject contradictory statements made to defeat summary judgment, treating later conflicting versions as "feigned issues of fact" rather than genuine disputes.Thu, 04 Feb 2016 00:33:21 GMTAffidavitsDeposition transcriptshttps://jtnylaw.com/2016/02/conditional-order-striking-answer-trumps-cross-motion-for-summary-judgment/https://jtnylaw.com/2016/02/conditional-order-striking-answer-trumps-cross-motion-for-summary-judgment/Court properly struck defendant's answer for discovery violations, demonstrating that conditional orders must be followed and cross-motions won't save non-compliant parties.Thu, 04 Feb 2016 00:27:28 GMTDiscoveryDiscovery sanctionshttps://jtnylaw.com/2016/02/reasonable-hypothesis-standard-under-ins-law-5105/https://jtnylaw.com/2016/02/reasonable-hypothesis-standard-under-ins-law-5105/Court upholds arbitration award under Insurance Law 5105's "reasonable hypothesis" standard, confirming vehicle's commercial use met threshold requirements.Thu, 04 Feb 2016 00:14:25 GMTArbitrationshttps://jtnylaw.com/2016/02/how-much-is-enough-to-satisfy-3101d/https://jtnylaw.com/2016/02/how-much-is-enough-to-satisfy-3101d/Conway v Elite Towing case explains CPLR 3101(d) expert disclosure requirements for personal injury litigation, including sufficient detail standards and IME report exceptions.Wed, 03 Feb 2016 23:22:25 GMTDiscoveryhttps://jtnylaw.com/2016/02/statute-of-limitations/https://jtnylaw.com/2016/02/statute-of-limitations/Appellate Division clarifies that self-insured defendants face six-year statute of limitations for no-fault claims, treating them as contractual rather than statutory matters.Wed, 03 Feb 2016 23:16:23 GMTStatute of Limitationshttps://jtnylaw.com/2016/02/ids/https://jtnylaw.com/2016/02/ids/New York appellate court upholds trial court's decision to vacate defendant's default judgment based on reasonable excuse for failing to timely respond to petition.Wed, 03 Feb 2016 23:11:36 GMTDefaultshttps://jtnylaw.com/2016/02/cplr-3211a5-motion-converted-to-cplr-3212-motion/https://jtnylaw.com/2016/02/cplr-3211a5-motion-converted-to-cplr-3212-motion/Discover how a CPLR 3211(a)(5) motion can transform into a CPLR 3212 summary judgment motion. Learn about key procedural requirements and notice exceptions in NY civil practice.Wed, 03 Feb 2016 23:06:19 GMTcollateral estoppelhttps://jtnylaw.com/2016/02/choice-of-law-florida-prevails-allowing-retroactive-recission/https://jtnylaw.com/2016/02/choice-of-law-florida-prevails-allowing-retroactive-recission/Florida law prevails in New York court allowing retroactive policy rescission for material misrepresentation in insurance application under Florida Statutes § 627.409.Wed, 03 Feb 2016 22:48:20 GMTChoice of lawhttps://jtnylaw.com/2016/02/one-month-delay-in-posting-reasonable-excuse-established/https://jtnylaw.com/2016/02/one-month-delay-in-posting-reasonable-excuse-established/Long Island no-fault attorney Jason Tenenbaum explains the challenges of maintaining a legal blog while handling complex trials, depositions, and appeals in active practice.Tue, 02 Feb 2016 00:25:56 GMTNo-Faulthttps://jtnylaw.com/2015/12/degeneration-was-not-really-that/https://jtnylaw.com/2015/12/degeneration-was-not-really-that/Court ruling shows how plaintiffs can prove degenerative spine conditions became actionable injuries after car accidents, even with pre-existing asymptomatic degeneration.Mon, 28 Dec 2015 07:21:27 GMT5102(d) issueshttps://jtnylaw.com/2015/12/was-the-missed-euo-really-a-miss/https://jtnylaw.com/2015/12/was-the-missed-euo-really-a-miss/New York court finds that requesting an EUO adjournment before the scheduled date may prevent it from being considered a "no-show," even without mutual rescheduling agreement.Mon, 28 Dec 2015 07:15:11 GMTEUO issueshttps://jtnylaw.com/2015/12/depositions-granted-first-department-precedent-eschewed/https://jtnylaw.com/2015/12/depositions-granted-first-department-precedent-eschewed/Second Department Appellate Term grants depositions in no-fault cases, overruling district court precedent on discovery timing and procedural requirements.Mon, 28 Dec 2015 07:10:10 GMTDiscoveryhttps://jtnylaw.com/2015/12/unsettled-order-fails-to-dismiss-civil-court-action/https://jtnylaw.com/2015/12/unsettled-order-fails-to-dismiss-civil-court-action/Court rules that unsettled declaratory judgment order lacks preclusive effect in no-fault insurance litigation when parties' rights aren't clearly declared.Mon, 28 Dec 2015 07:03:10 GMTcollateral estoppelDeclaratory Judgment Actionhttps://jtnylaw.com/2015/12/dismissal-on-arbitration-grounds-should-be-made-through-cplr-7503/https://jtnylaw.com/2015/12/dismissal-on-arbitration-grounds-should-be-made-through-cplr-7503/Court ruling clarifies that arbitration options don't justify dismissal; proper procedure requires CPLR 7503 motion to compel arbitration instead of summary judgment dismissal.Mon, 28 Dec 2015 06:52:45 GMTChoice of lawhttps://jtnylaw.com/2015/12/mallela-limited-to-mallela/https://jtnylaw.com/2015/12/mallela-limited-to-mallela/Court limits Mallela fraud defense in no-fault insurance cases, ruling fee-sharing arrangements don't justify withholding medical payments under New York law.Mon, 21 Dec 2015 06:43:11 GMTMallela issueshttps://jtnylaw.com/2015/12/why-a-substitute-ime-doctor-is-now-allowed/https://jtnylaw.com/2015/12/why-a-substitute-ime-doctor-is-now-allowed/NY courts restrict substitute IME doctors after note of issue filing. Learn why expert witness substitutions face strict scrutiny under New York discovery rules.Mon, 21 Dec 2015 06:27:43 GMTDiscoveryhttps://jtnylaw.com/2015/12/they-rybak-verification-affidavit-strikes-again/https://jtnylaw.com/2015/12/they-rybak-verification-affidavit-strikes-again/Jason Tenenbaum critiques Appellate Term's flawed reasoning in Compas Med. v Praetorian, where court accepted insufficient verification affidavit evidence in no-fault case.Wed, 16 Dec 2015 20:31:14 GMTAdditional Verificationhttps://jtnylaw.com/2015/12/motion-to-restore-granted-upon-erroneous-settlement-marking/https://jtnylaw.com/2015/12/motion-to-restore-granted-upon-erroneous-settlement-marking/Court grants motion to restore case to trial calendar after erroneous "settled" marking on eCourts website, ruling no enforceable settlement existed.Wed, 16 Dec 2015 20:24:19 GMTNotice of Trial issueshttps://jtnylaw.com/2015/12/dj-victory/https://jtnylaw.com/2015/12/dj-victory/Appellate Term ruling demonstrates how declaratory judgment victories can effectively bar subsequent no-fault insurance litigation through res judicata doctrine.Wed, 16 Dec 2015 20:18:02 GMTcollateral estoppelDeclaratory Judgmentshttps://jtnylaw.com/2015/12/proof-of-no-collision/https://jtnylaw.com/2015/12/proof-of-no-collision/New York court rules that exhaustive affidavits aren't needed to prove no collision occurred in no-fault insurance cases, establishing clear standards for prima facie evidence.Wed, 16 Dec 2015 20:13:29 GMTNo losshttps://jtnylaw.com/2015/12/the-1000000-herniation/https://jtnylaw.com/2015/12/the-1000000-herniation/Million-dollar herniation verdict upheld: Bronx jury awards $1M for cervical discs and lumbar herniations with permanent pain requiring surgery and spinal stimulator.Wed, 09 Dec 2015 20:00:39 GMT5102(d) issueshttps://jtnylaw.com/2015/12/much-ado-over-something/https://jtnylaw.com/2015/12/much-ado-over-something/Court ruling on burden of proof in no-fault medical necessity cases - who must prove surgical necessity when insurers successfully rebut presumptions.Mon, 07 Dec 2015 22:51:47 GMTMedical Necessityhttps://jtnylaw.com/2015/12/windfall-interest/https://jtnylaw.com/2015/12/windfall-interest/Court denies windfall interest to plaintiff who failed to prosecute no-fault insurance case for three years, demonstrating consequences of litigation delays.Mon, 07 Dec 2015 22:46:11 GMTinteresthttps://jtnylaw.com/2015/12/run-of-the-mill-medical-necessity-case/https://jtnylaw.com/2015/12/run-of-the-mill-medical-necessity-case/NY no-fault medical necessity cases show inconsistent court rulings on deficient rebuttal affidavits, highlighting the unpredictable nature of summary judgment motions.Mon, 07 Dec 2015 22:44:23 GMTMedical Necessityhttps://jtnylaw.com/2015/12/the-professional-reliability-exclusion/https://jtnylaw.com/2015/12/the-professional-reliability-exclusion/NY court explains how to lay foundation for the professional reliability exception when expert witnesses rely on out-of-court information. Long Island trial guidance.Fri, 04 Dec 2015 21:43:09 GMTExpertshttps://jtnylaw.com/2015/12/3101d-preclusion/https://jtnylaw.com/2015/12/3101d-preclusion/New York courts differ on CPLR 3101(d) violations - First Department focuses on surprise factor when precluding expert testimony served days before trial.Fri, 04 Dec 2015 21:36:46 GMTExpertshttps://jtnylaw.com/2015/12/corporate-v-individual/https://jtnylaw.com/2015/12/corporate-v-individual/New York appellate court reinforces the long-standing rule that corporate officers must sign contracts individually to assume personal liability for business obligations.Fri, 04 Dec 2015 21:33:34 GMTNo-Faulthttps://jtnylaw.com/2015/12/sum-coverage/https://jtnylaw.com/2015/12/sum-coverage/Learn about SUM (Supplemental Uninsured/Underinsured Motorist) coverage in New York. Key differences between individual and corporate policies for Long Island drivers.Fri, 04 Dec 2015 21:30:52 GMTCoveragehttps://jtnylaw.com/2015/12/amended-cross-motion-no-fee-necessary/https://jtnylaw.com/2015/12/amended-cross-motion-no-fee-necessary/New York court ruling clarifies that amended cross-motions don't require additional filing fees under CPLR 8020, providing relief from mounting court costs.Fri, 04 Dec 2015 21:23:32 GMTSummary Judgment Issueshttps://jtnylaw.com/2015/12/expert-witnesses-again/https://jtnylaw.com/2015/12/expert-witnesses-again/Legal analysis of expert witness qualifications in medical malpractice cases, examining when physicians can testify outside their specialization and foundation requirements.Fri, 04 Dec 2015 21:12:01 GMTExpertshttps://jtnylaw.com/2015/12/dr-katz-and-justice-hart/https://jtnylaw.com/2015/12/dr-katz-and-justice-hart/Dr. Katz and Justice Hart IME case highlights problems with 3-minute examination versus prescribed 10-20 minutes, mistrial issues, and undisclosed recordings.Fri, 04 Dec 2015 21:01:16 GMTIME issueshttps://jtnylaw.com/2015/11/failure-to-answer-questions-voids-coverage/https://jtnylaw.com/2015/11/failure-to-answer-questions-voids-coverage/Court rules failure to answer EUO questions voids no-fault coverage when doctor refuses to respond to relevant insurance company inquiries during examination.Sat, 28 Nov 2015 06:33:19 GMTEUO issueshttps://jtnylaw.com/2015/11/delay-letters-v-verification-requests/https://jtnylaw.com/2015/11/delay-letters-v-verification-requests/New York court clarifies that generic delay letters don't toll statutory payment deadlines—only specific verification requests can extend an insurer's time to pay or deny claims.Sat, 28 Nov 2015 06:30:04 GMTAdditional Verificationhttps://jtnylaw.com/2015/11/why-was-misrepresentation-material/https://jtnylaw.com/2015/11/why-was-misrepresentation-material/Insurance companies must prove misrepresentations were material to deny coverage. Court found insufficient evidence that false vehicle use claims would have increased premiums.Sat, 28 Nov 2015 06:27:11 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2015/11/ebt-upheld/https://jtnylaw.com/2015/11/ebt-upheld/Court upholds EBT examination order in no-fault case where medical necessity disputed, rejecting provider's resistance to deposition despite summary judgment denial.Sat, 28 Nov 2015 06:23:58 GMTDiscoveryDiscovery sanctionsEBT Issueshttps://jtnylaw.com/2015/11/another-less-than-valid-verification-compliance-affidavit-suffices/https://jtnylaw.com/2015/11/another-less-than-valid-verification-compliance-affidavit-suffices/New York court accepts inadequate verification compliance affidavit despite lack of specific details about mailing dates and contents in no-fault insurance case.Sat, 28 Nov 2015 06:22:19 GMTAdditional Verificationhttps://jtnylaw.com/2015/11/need-to-wait-for-the-non-euo-based-verification-before-disclaiming/https://jtnylaw.com/2015/11/need-to-wait-for-the-non-euo-based-verification-before-disclaiming/New York no-fault insurers must wait for verification responses before disclaiming claims based on EUO failures, as established in Alleviation Med. Services v Citiwide Auto Leasing.Sat, 28 Nov 2015 06:13:29 GMTEUO issueshttps://jtnylaw.com/2015/11/maya-failed-to-prove-mailing-of-the-ime-scheduling-letters/https://jtnylaw.com/2015/11/maya-failed-to-prove-mailing-of-the-ime-scheduling-letters/New York court rules Maya Assurance failed to prove proper mailing of IME scheduling letters, highlighting the strict procedural requirements insurance companies must meet.Sat, 28 Nov 2015 06:11:37 GMTIME issueshttps://jtnylaw.com/2015/11/clennon-applied/https://jtnylaw.com/2015/11/clennon-applied/Palafox PT v State Farm case analysis on EUO justification requirements under Clennon precedent, showing insurers need only prove dual demands and failures to appear.Sat, 28 Nov 2015 06:08:07 GMTEUO issueshttps://jtnylaw.com/2015/11/failed-to-avail-itself-of-the-opportunity-afforded-to-it-on-the-nf-10/https://jtnylaw.com/2015/11/failed-to-avail-itself-of-the-opportunity-afforded-to-it-on-the-nf-10/NY court ruling emphasizes that healthcare providers must actively use regulatory safety valves when facing late notice denials in no-fault insurance claims.Sat, 28 Nov 2015 06:03:45 GMTTimely submissions of Billshttps://jtnylaw.com/2015/11/lost-to-dr-bhatt/https://jtnylaw.com/2015/11/lost-to-dr-bhatt/Appellate Term affirms Civil Court ruling against medical provider in no-fault case where defendant failed to prove services weren't medically necessary.Sat, 28 Nov 2015 05:57:34 GMTMedical Necessityhttps://jtnylaw.com/2015/11/prima-facie-case-in-mvaic-matter/https://jtnylaw.com/2015/11/prima-facie-case-in-mvaic-matter/Court ruling clarifies MVAIC prima facie case requirements, emphasizing medical providers must prove NY residency and notice of intention filing beyond basic claim submission.Sat, 28 Nov 2015 05:53:12 GMTPrima Facie casehttps://jtnylaw.com/2015/11/65-3-5b-discussed-in-the-euo-context/https://jtnylaw.com/2015/11/65-3-5b-discussed-in-the-euo-context/New York's no-fault insurance regulations require insurers to request EUOs within 15 days of receiving a claim. Courts strictly enforce this timing requirement.Sat, 28 Nov 2015 05:49:34 GMTEUO issueshttps://jtnylaw.com/2015/11/lincoln-general-citing/https://jtnylaw.com/2015/11/lincoln-general-citing/Court ruling shows insurance companies lose IME defense rights when they fail to deny claims within mandatory 30-day period under NY no-fault regulations.Sat, 28 Nov 2015 05:45:49 GMTIME issueshttps://jtnylaw.com/2015/11/medical-necessity-finding-not-sufficient-upon-search-of-record/https://jtnylaw.com/2015/11/medical-necessity-finding-not-sufficient-upon-search-of-record/Court improperly searched record to grant defendant summary judgment on medical necessity when plaintiff never moved on that issue, violating procedural fairness.Sat, 28 Nov 2015 05:42:04 GMTMedical Necessityhttps://jtnylaw.com/2015/11/nf-2-is-sufficient-to-remit-case-to-the-workers-compensation-board/https://jtnylaw.com/2015/11/nf-2-is-sufficient-to-remit-case-to-the-workers-compensation-board/Court rules that NF-2 form admission of employment status creates sufficient factual question to remit no-fault case to Workers Compensation Board for determination.Sat, 28 Nov 2015 05:36:50 GMTWorkers Compensationhttps://jtnylaw.com/2015/11/euo-no-show-defense-substantiated/https://jtnylaw.com/2015/11/euo-no-show-defense-substantiated/Court ruling confirms insurers don't need objective reasons for EUO demands when proving prima facie case for no-show defense in New York no-fault claims.Sat, 28 Nov 2015 05:34:35 GMTEUO issueshttps://jtnylaw.com/2015/11/do-you-really-believe-that-the-verification-was-mailed-i-dont/https://jtnylaw.com/2015/11/do-you-really-believe-that-the-verification-was-mailed-i-dont/Court ruling shows how medical providers can counter insurance company claims of non-receipt through proper affidavit evidence in no-fault verification disputes.Sat, 28 Nov 2015 05:29:43 GMTAdditional Verificationhttps://jtnylaw.com/2015/11/non-receipt-substantiated/https://jtnylaw.com/2015/11/non-receipt-substantiated/Court ruling in Compas Med. v Praetorian establishes that detailed mail receipt procedures can rebut presumption of claim receipt in no-fault insurance disputes.Sat, 28 Nov 2015 05:26:10 GMTNo-Faulthttps://jtnylaw.com/2015/11/severance-appropriate/https://jtnylaw.com/2015/11/severance-appropriate/Court rules on severance motion in no-fault insurance case involving multiple assignors from separate motor vehicle accidents under CPLR 603.Sat, 28 Nov 2015 05:20:11 GMTSeverencehttps://jtnylaw.com/2015/11/etienne-applied-differently-in-first-department/https://jtnylaw.com/2015/11/etienne-applied-differently-in-first-department/Second Department Appellate Term applies Viviane Etienne precedent differently than First Department, showing varying interpretations of prima facie standards in no-fault cases.Wed, 18 Nov 2015 04:25:34 GMTPrima Facie casehttps://jtnylaw.com/2015/11/a-verification-non-receipt-decision-that-does-not-make-sense/https://jtnylaw.com/2015/11/a-verification-non-receipt-decision-that-does-not-make-sense/Court decision analysis reveals flawed verification non-receipt ruling where affidavit failed to specify mailed items or dates, creating questionable precedent.Wed, 18 Nov 2015 04:12:29 GMTAdditional Verificationhttps://jtnylaw.com/2015/11/6029/https://jtnylaw.com/2015/11/6029/Court reaffirms that insurance companies must schedule EUOs within 30 days of receiving no-fault claims, or lose their right to deny payment under New York law.Wed, 18 Nov 2015 03:50:26 GMTEUO issueshttps://jtnylaw.com/2015/11/make-a-promise-in-your-papers-and-fail-to-keep-it-summary-judgment-lost/https://jtnylaw.com/2015/11/make-a-promise-in-your-papers-and-fail-to-keep-it-summary-judgment-lost/Court case shows how matching the wrong documents to an affidavit can destroy an insurance company's summary judgment motion in no-fault litigation.Wed, 18 Nov 2015 03:47:22 GMTMailinghttps://jtnylaw.com/2015/11/no-show-troubles/https://jtnylaw.com/2015/11/no-show-troubles/NY courts rule on IME no-show cases requiring personal knowledge proof. Three 2015 decisions show insufficient conclusory affidavits fail summary judgment standards.Wed, 18 Nov 2015 03:44:44 GMTIME issueshttps://jtnylaw.com/2015/11/put-on-a-case-at-your-own-risk/https://jtnylaw.com/2015/11/put-on-a-case-at-your-own-risk/Criminal defendants face significant risks when presenting evidence after the prosecution rests, as they may inadvertently cure deficiencies in the state's case.Wed, 18 Nov 2015 03:33:30 GMTDirected Verdictshttps://jtnylaw.com/2015/11/6016/https://jtnylaw.com/2015/11/6016/Expert witness qualifications and CPLR 2106 objection requirements in NY medical malpractice cases — Lopez v Gramuglia analysis of cross-specialty testimony standards.Thu, 12 Nov 2015 02:20:22 GMT2106 and 2309Expertshttps://jtnylaw.com/2015/11/judge-judys-son-threw-a-tantroom/https://jtnylaw.com/2015/11/judge-judys-son-threw-a-tantroom/Long Island attorney Jason Tenenbaum criticizes Judge Judy's son, Putnam County DA Adam Levy, for handling a legal dispute unprofessionally in Levy v Smith case.Thu, 05 Nov 2015 01:36:51 GMTNo-Faulthttps://jtnylaw.com/2015/10/sanctions/https://jtnylaw.com/2015/10/sanctions/New York appellate court sanctions law firms $1500 and $500 for failing to notify court of settlement, highlighting repeated violations by The Rybak Firm in no-fault cases.Sat, 31 Oct 2015 00:11:25 GMTBad Faithhttps://jtnylaw.com/2015/10/a-cplr-3101-lesson/https://jtnylaw.com/2015/10/a-cplr-3101-lesson/Analysis of Cruz v City of New York regarding CPLR 3101 discovery rules, witness testimony, and evidence admission in New York personal injury litigation.Sat, 31 Oct 2015 00:02:21 GMTEvidencehttps://jtnylaw.com/2015/10/unitrin-citing-that-hits-upon-the-longevity-factors/https://jtnylaw.com/2015/10/unitrin-citing-that-hits-upon-the-longevity-factors/New York court ruling clarifies timing requirements for IME requests under no-fault insurance regulations, highlighting tensions between different regulatory provisions.Fri, 30 Oct 2015 23:53:45 GMTDeclaratory Judgment ActionIME issueshttps://jtnylaw.com/2015/10/unitrin-citing-that-failed-to-discuss-longevity-factors/https://jtnylaw.com/2015/10/unitrin-citing-that-failed-to-discuss-longevity-factors/New York appellate court clarifies evidence standards for proving IME no-shows, requiring personal knowledge or other appropriate means rather than inadequate documentation.Fri, 30 Oct 2015 23:40:17 GMTIME issueshttps://jtnylaw.com/2015/10/failure-to-enter-a-default-excused/https://jtnylaw.com/2015/10/failure-to-enter-a-default-excused/First Department court excuses plaintiff's failure to enter default judgment within one year in no-fault benefits case, highlighting inconsistent standards across NY departments.Fri, 30 Oct 2015 23:34:52 GMTDefaultshttps://jtnylaw.com/2015/10/discontinuance-cplr-3217/https://jtnylaw.com/2015/10/discontinuance-cplr-3217/Analysis of CPLR 3217 discontinuance rules including court discretion, attorney fees recovery, and prejudice standards in NY litigation.Fri, 30 Oct 2015 23:18:12 GMTDiscontinuanceshttps://jtnylaw.com/2015/10/what-is-other-appropriate-means/https://jtnylaw.com/2015/10/what-is-other-appropriate-means/New York court ruling explores what constitutes "other appropriate means" to prove EUO no-shows beyond personal knowledge, leaving this critical legal standard undefined.Fri, 30 Oct 2015 23:09:29 GMTEUO issuesIME issueshttps://jtnylaw.com/2015/10/new-jersey-fee-schedule-prevails/https://jtnylaw.com/2015/10/new-jersey-fee-schedule-prevails/New Jersey fee schedule prevails in NY no-fault cases for out-of-state services. Appellate Term ruling on geographic fee schedules and post-2013 defense changes.Mon, 12 Oct 2015 19:03:59 GMTFee Schedulehttps://jtnylaw.com/2015/10/euo-ime-no-show/https://jtnylaw.com/2015/10/euo-ime-no-show/Court denies plaintiff's motion in no-fault case due to failed verification compliance and assignor's failure to appear for required IMEs and EUOs.Wed, 07 Oct 2015 03:15:56 GMTAdditional VerificationEUO issuesIME issueshttps://jtnylaw.com/2015/10/sanctions-and-a-very-annoyed-court/https://jtnylaw.com/2015/10/sanctions-and-a-very-annoyed-court/Court sanctions attorney for filing briefs with false statements about evidence admissibility and sworn testimony in MVAIC no-fault insurance cases.Wed, 07 Oct 2015 02:59:07 GMTEvidencehttps://jtnylaw.com/2015/10/the-reply-that-introduced-a-proper-reply-was-itself-proper/https://jtnylaw.com/2015/10/the-reply-that-introduced-a-proper-reply-was-itself-proper/Court rules that unsigned peer review reports can be properly remedied when identical signed versions are submitted in reply papers without prejudicing the opposing party.Wed, 07 Oct 2015 02:52:32 GMTEvidenceMedical NecessitySummary Judgment Issueshttps://jtnylaw.com/2015/10/the-errant-notice-to-admit/https://jtnylaw.com/2015/10/the-errant-notice-to-admit/Court rules improper notice to admit cannot establish prima facie case for no-fault insurance EUO nonappearance, highlighting discovery limits in litigation.Wed, 07 Oct 2015 02:49:37 GMTDiscoveryPrima Facie casehttps://jtnylaw.com/2015/10/unitrin-citing-in-the-second-department/https://jtnylaw.com/2015/10/unitrin-citing-in-the-second-department/Second Department court cites Unitrin precedent in no-fault insurance case, reinforcing that willfulness is not required to prove failure to cooperate in EUO matters.Wed, 07 Oct 2015 02:44:27 GMTEUO issueshttps://jtnylaw.com/2015/10/lawsuit-does-not-stand-against-assignor-who-no-showed-to-euos/https://jtnylaw.com/2015/10/lawsuit-does-not-stand-against-assignor-who-no-showed-to-euos/Court rules medical provider cannot sue assignor who failed to appear at EUO, highlighting limits of assignment-based lawsuits in no-fault insurance cases.Wed, 07 Oct 2015 02:41:35 GMTEUO issueshttps://jtnylaw.com/2015/10/another-alrof-citing-2/https://jtnylaw.com/2015/10/another-alrof-citing-2/New York appellate court reinforces Alrof precedent requiring personal knowledge proof for EUO non-appearance claims in no-fault insurance litigation.Wed, 07 Oct 2015 02:39:22 GMTNo-Faulthttps://jtnylaw.com/2015/10/unsworn-letters-not-enough/https://jtnylaw.com/2015/10/unsworn-letters-not-enough/Court ruling shows unsworn, unsigned letters of medical necessity lack probative value in no-fault insurance disputes, emphasizing proper documentation requirements.Wed, 07 Oct 2015 02:37:43 GMTEvidenceMedical Necessityhttps://jtnylaw.com/2015/10/5971/https://jtnylaw.com/2015/10/5971/Court ruling establishes that additional verification not produced proves nothing in no-fault insurance claims, addressing verification requests and IME/EUO requirements.Wed, 07 Oct 2015 02:34:49 GMTAdditional VerificationEUO issuesIME issueshttps://jtnylaw.com/2015/10/euo-no-show-and-verification-non-receipt/https://jtnylaw.com/2015/10/euo-no-show-and-verification-non-receipt/Court ruling on no-fault insurance verification requests and EUO scheduling - insurer's timely mailing vs plaintiff's non-receipt and no-show defenses.Wed, 07 Oct 2015 02:29:52 GMTAdditional VerificationEUO issueshttps://jtnylaw.com/2015/10/pennsylvania-law/https://jtnylaw.com/2015/10/pennsylvania-law/Delta Diagnostic v Infinity Group case shows NY court vacating consent order due to changed Pennsylvania insurance law interpretation affecting retroactive policy rescission burden of proof.Wed, 07 Oct 2015 01:50:25 GMTChoice of lawhttps://jtnylaw.com/2015/10/the-backtracking-of-unitrin/https://jtnylaw.com/2015/10/the-backtracking-of-unitrin/Long Island court cases analyzing IME scheduling compliance under Insurance Department Regulations, examining when no-show denials fail due to improper timing requirements.Wed, 07 Oct 2015 01:27:57 GMTEUO issuesIME issueshttps://jtnylaw.com/2015/09/dr-dov/https://jtnylaw.com/2015/09/dr-dov/Dr. Dov Berkowitz's courtroom antics caught on tape create serious implications for personal injury cases and no-fault insurance claims involving medical experts.Mon, 07 Sep 2015 19:41:30 GMT5102(d) issueshttps://jtnylaw.com/2015/09/embarrassment-or-hubrus/https://jtnylaw.com/2015/09/embarrassment-or-hubrus/Attorney Jason Tenenbaum critiques a case where counsel failed to research applicable Rhode Island law before proceeding to trial, highlighting the importance of thorough legal preparation.Sat, 05 Sep 2015 01:51:35 GMTChoice of lawhttps://jtnylaw.com/2015/08/proof-of-dmaages/https://jtnylaw.com/2015/08/proof-of-dmaages/Learn how oral testimony alone can establish proof of damages in construction cases, even without documentary evidence, based on witness knowledge and experience.Thu, 27 Aug 2015 23:45:17 GMTDamageshttps://jtnylaw.com/2015/08/the-denial-is-the-operative-document-for-prima-facie-purposes/https://jtnylaw.com/2015/08/the-denial-is-the-operative-document-for-prima-facie-purposes/Kings County Civil Court rules that receiving an NF-10 denial form from an insurer is sufficient to establish prima facie proof that a medical claim was properly submitted and received.Tue, 25 Aug 2015 02:17:49 GMTPrima Facie casehttps://jtnylaw.com/2015/08/time-frame-to-deny-following-euo/https://jtnylaw.com/2015/08/time-frame-to-deny-following-euo/New York no-fault insurance case: Time limits for claim denials after examination under oath (EUO). Court rules on 30-day deadline requirements.Tue, 25 Aug 2015 02:09:33 GMTAdditional Verificationhttps://jtnylaw.com/2015/08/3212f-motion-denied/https://jtnylaw.com/2015/08/3212f-motion-denied/Court denies insurer's summary judgment motion after defendant's late discovery responses prevent plaintiff from responding to medical necessity challenge.Tue, 25 Aug 2015 02:04:19 GMTDiscoveryMedical Necessityhttps://jtnylaw.com/2015/08/an-appeal-is-not-a-second-chance-to-right-what-once-went-wrong/https://jtnylaw.com/2015/08/an-appeal-is-not-a-second-chance-to-right-what-once-went-wrong/Court rejects appeal argument raised for first time, emphasizing that appeals aren't opportunities to introduce new claims after initial proceedings conclude.Tue, 25 Aug 2015 01:57:21 GMTIME issueshttps://jtnylaw.com/2015/08/nonsensical-appeal/https://jtnylaw.com/2015/08/nonsensical-appeal/Court rules EUO scheduling letters untimely when requested beyond 15 business days, making them nullities under New York No-Fault Regulations despite insurer's appeal.Tue, 25 Aug 2015 01:56:10 GMTEUO issueshttps://jtnylaw.com/2015/08/chutzpah/https://jtnylaw.com/2015/08/chutzpah/Court rejects plaintiff's claim that certified mail was timely sent despite postmark showing late delivery in no-fault insurance notice case.Tue, 25 Aug 2015 01:51:14 GMTTimely notice of claimhttps://jtnylaw.com/2015/08/coders-affidavit-is-sufficient-to-prove-non-conformity-with-the-fee-schedule/https://jtnylaw.com/2015/08/coders-affidavit-is-sufficient-to-prove-non-conformity-with-the-fee-schedule/Court ruling establishes that certified professional coder's affidavit can prove proper fee schedule application, potentially impacting arbitration arguments about coder qualifications.Tue, 25 Aug 2015 01:42:22 GMTFee Schedulehttps://jtnylaw.com/2015/08/no-show-not-susbtantitated/https://jtnylaw.com/2015/08/no-show-not-susbtantitated/Court ruling highlights insurance companies must prove they actually appeared at scheduled EUOs when claiming assignor failed to show up for examination.Tue, 25 Aug 2015 01:38:04 GMTEUO issueshttps://jtnylaw.com/2015/08/5935/https://jtnylaw.com/2015/08/5935/Court reverses Maya Assurance IME no-show case due to failure to prove timely mailing of scheduling letters, highlighting ongoing issues with IME procedures.Tue, 25 Aug 2015 01:29:58 GMTIME issueshttps://jtnylaw.com/2015/08/cancellation-of-insurance-policy/https://jtnylaw.com/2015/08/cancellation-of-insurance-policy/Court ruling highlights insurance companies' burden to prove proper DMV notification when canceling policies, affecting no-fault insurance defenses in New York.Tue, 25 Aug 2015 01:28:18 GMTCoveragehttps://jtnylaw.com/2015/08/allowing-non-sense-to-continue/https://jtnylaw.com/2015/08/allowing-non-sense-to-continue/Court allows bare "I responded to verification" affidavit to defeat summary judgment motion, despite no actual verification documents being submitted as evidence.Tue, 25 Aug 2015 01:24:39 GMTAdditional Verificationhttps://jtnylaw.com/2015/08/entering-judgment-on-a-settlement-not-what-you-thought/https://jtnylaw.com/2015/08/entering-judgment-on-a-settlement-not-what-you-thought/Court rules Kings County Clerk lacked authority to enter clerk's judgment on settlement stipulation requiring notice and unspecified amount under CPLR 3215(i)(1).Tue, 25 Aug 2015 01:20:14 GMTDefaultshttps://jtnylaw.com/2015/08/biomechanical-evidence-allowed/https://jtnylaw.com/2015/08/biomechanical-evidence-allowed/Court ruling expands use of biomechanical expert testimony in personal injury cases, establishing qualifications needed for engineers to opine on accident causation.Mon, 10 Aug 2015 20:52:44 GMTExpertshttps://jtnylaw.com/2015/08/depositions-of-medical-providers/https://jtnylaw.com/2015/08/depositions-of-medical-providers/Court rules on deposing medical providers in no-fault insurance cases when medical necessity is disputed, analyzing discovery rights under CPLR 3101(a).Mon, 10 Aug 2015 20:22:44 GMTDiscovery sanctionsMedical Necessityhttps://jtnylaw.com/2015/08/use-and-operation-duty-to-rescue-inures-first-party-coverage/https://jtnylaw.com/2015/08/use-and-operation-duty-to-rescue-inures-first-party-coverage/NY court rules firefighter injured during rescue operation entitled to SUM coverage when accident arose from negligent vehicle use - duty to rescue analysis.Mon, 10 Aug 2015 20:14:28 GMTCoveragehttps://jtnylaw.com/2015/08/default-judgment-upheld/https://jtnylaw.com/2015/08/default-judgment-upheld/Appeals court upholds default judgment against defendants who failed to comply with discovery order in State Farm no-fault insurance case, requiring reasonable excuse and meritorious defense.Mon, 10 Aug 2015 20:10:42 GMTDefaultsMr. Five Boro Awardhttps://jtnylaw.com/2015/08/loss-transfer-limitations/https://jtnylaw.com/2015/08/loss-transfer-limitations/New York no-fault insurance loss transfer limitations and mandatory arbitration procedures under Insurance Law § 5105. Court ruling on arbitrator authority.Mon, 10 Aug 2015 18:21:01 GMTCoveragehttps://jtnylaw.com/2015/07/a-two-strike-rule-on-law-office-failure/https://jtnylaw.com/2015/07/a-two-strike-rule-on-law-office-failure/New York appellate court upholds dismissal when attorney calendared conference dates incorrectly twice, ruling repeated calendar errors don't constitute reasonable excuse.Fri, 31 Jul 2015 21:27:05 GMTDefaultshttps://jtnylaw.com/2015/07/the-learned-treatise-exception-to-the-hearsay-rule/https://jtnylaw.com/2015/07/the-learned-treatise-exception-to-the-hearsay-rule/New York courts allow learned treatises as evidence when experts recognize publications as standards of care, even without using "authoritative" language.Fri, 31 Jul 2015 21:23:55 GMTExpertshttps://jtnylaw.com/2015/07/staged-accident-not-proven-very-sloppy-papers/https://jtnylaw.com/2015/07/staged-accident-not-proven-very-sloppy-papers/Court rejects insurance company's staged accident claim due to inadmissible evidence and procedural failures, highlighting the importance of proper documentation in litigation.Tue, 21 Jul 2015 08:00:23 GMTDeclaratory Judgment ActionDeclaratory Judgmentshttps://jtnylaw.com/2015/07/trial-de-novo-not-tenable/https://jtnylaw.com/2015/07/trial-de-novo-not-tenable/New York court clarifies trial de novo requirements in no-fault insurance arbitration cases, ruling that awards under $5,000 prevent parties from pursuing litigation.Tue, 21 Jul 2015 07:53:29 GMTDeclaratory Judgment ActionDeclaratory Judgmentshttps://jtnylaw.com/2015/07/declaratory-judgment-reversed-on-appeal/https://jtnylaw.com/2015/07/declaratory-judgment-reversed-on-appeal/Court reverses denial of default judgment in EUO case, finding attorney's affirmation under penalty of perjury sufficient proof of proper mailing procedures.Tue, 21 Jul 2015 07:45:28 GMTDeclaratory Judgment ActionEUO issueshttps://jtnylaw.com/2015/07/5896/https://jtnylaw.com/2015/07/5896/Court rules subjective patient complaints without objective medical evidence insufficient to deny acupuncture treatment necessity in no-fault insurance case.Tue, 21 Jul 2015 07:35:50 GMTMedical Necessityhttps://jtnylaw.com/2015/07/ime-no-show-from-the-first-department/https://jtnylaw.com/2015/07/ime-no-show-from-the-first-department/New York Appellate Term ruling clarifies what evidence insurers need to prove patient no-shows at IMEs, emphasizing physician affidavits over office records.Tue, 21 Jul 2015 07:30:38 GMTIME issueshttps://jtnylaw.com/2015/07/another-use-and-operation/https://jtnylaw.com/2015/07/another-use-and-operation/Court rules bus passenger's injury from stepping into street hole doesn't qualify for no-fault benefits under "use and operation" standard in NY insurance law.Tue, 21 Jul 2015 07:26:38 GMTCoverageUse and Operationhttps://jtnylaw.com/2015/07/an-insufficient-rebuttal/https://jtnylaw.com/2015/07/an-insufficient-rebuttal/Court ruling clarifies that medical providers must meaningfully address IME findings in their rebuttals, not just submit generic affirmations to establish medical necessity.Tue, 21 Jul 2015 07:19:25 GMTMedical Necessityhttps://jtnylaw.com/2015/07/on-medical-necessity/https://jtnylaw.com/2015/07/on-medical-necessity/Court ruling demonstrates that properly supported independent medical examinations can establish lack of medical necessity, but opposing medical affidavits may create triable issues of fact.Tue, 21 Jul 2015 07:15:05 GMTMedical Necessityhttps://jtnylaw.com/2015/07/medical-necessity-rebutting-a-peer-review/https://jtnylaw.com/2015/07/medical-necessity-rebutting-a-peer-review/Learn how healthcare providers can successfully challenge peer review denials in no-fault insurance cases by submitting detailed medical rebuttals from treating physicians.Tue, 21 Jul 2015 07:06:32 GMTNo-Faulthttps://jtnylaw.com/2015/07/this-one-makes-no-sense/https://jtnylaw.com/2015/07/this-one-makes-no-sense/Court decision highlights discovery compliance requirements when amended complaints introduce new facts, even if discovery demands appear identical to previous requests.Tue, 21 Jul 2015 07:02:42 GMTDiscoveryhttps://jtnylaw.com/2015/07/protection-of-the-mri-facilities-on-medical-necessity-motions/https://jtnylaw.com/2015/07/protection-of-the-mri-facilities-on-medical-necessity-motions/New York courts recognize that MRI facilities need discovery to defend against medical necessity challenges, unlike other providers who may not require extensive documentation.Tue, 21 Jul 2015 06:54:48 GMTDiscoveryMedical Necessityhttps://jtnylaw.com/2015/07/the-alrof-curse-continues/https://jtnylaw.com/2015/07/the-alrof-curse-continues/Court denies insurance company's motion for summary judgment in IME no-show case due to lack of personal knowledge by examining healthcare professionals.Tue, 21 Jul 2015 06:38:43 GMTIME issueshttps://jtnylaw.com/2015/07/ins-law-3105-in-the-realm-of-no-fault-no-way/https://jtnylaw.com/2015/07/ins-law-3105-in-the-realm-of-no-fault-no-way/Analysis of SS Med. Care, PC v USAA Gen. Indem. Co. case where Civil Court incorrectly applied Insurance Law 3105 to personal injury policy instead of proper material misrepresentation theory.Tue, 21 Jul 2015 06:24:21 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2015/06/another-ime-no-show-but-this-was-mine-so-it-is-blogworthy/https://jtnylaw.com/2015/06/another-ime-no-show-but-this-was-mine-so-it-is-blogworthy/Personal injury attorney discusses court ruling on IME no-show affidavits and evidence requirements for New York no-fault insurance cases.Sun, 28 Jun 2015 20:20:50 GMTIME issueshttps://jtnylaw.com/2015/06/court-apparently-finds-cplr-3211a4-sufficient-to-dismiss-part-of-dj/https://jtnylaw.com/2015/06/court-apparently-finds-cplr-3211a4-sufficient-to-dismiss-part-of-dj/NY Supreme Court dismisses part of declaratory judgment action under CPLR 3211(a)(4), contradicting established precedent from American Transit v. Solorzano case.Tue, 23 Jun 2015 20:53:58 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2015/06/preponderance-on-a-mallela-case/https://jtnylaw.com/2015/06/preponderance-on-a-mallela-case/New York court confirms preponderance of evidence standard applies to Mallela defense claims in no-fault cases involving unlicensed professional corporation control.Tue, 23 Jun 2015 00:03:06 GMTMallela issueshttps://jtnylaw.com/2015/06/ime-cut-off-not-rebutted/https://jtnylaw.com/2015/06/ime-cut-off-not-rebutted/Court rules that plaintiff's treating therapist affidavit failed to meaningfully address IME findings, allowing insurance company's treatment denial to stand.Mon, 22 Jun 2015 06:09:34 GMTMedical Necessityhttps://jtnylaw.com/2015/06/declaratory-judgments-the-minimum-necessary-to-obtain-collateral-estoppel-effect/https://jtnylaw.com/2015/06/declaratory-judgments-the-minimum-necessary-to-obtain-collateral-estoppel-effect/Learn when declaratory judgments obtain collateral estoppel effect in NY insurance law. Key cases show orders must contain actual declarations, not just settlement directions.Mon, 22 Jun 2015 06:04:33 GMTDeclaratory Judgment ActionDeclaratory Judgmentshttps://jtnylaw.com/2015/06/some-fines-issued/https://jtnylaw.com/2015/06/some-fines-issued/New York court imposes $1,000 sanctions on law firms for failing to timely withdraw settled no-fault insurance appeal, highlighting procedural requirements.Sun, 21 Jun 2015 22:21:33 GMTBad Faithhttps://jtnylaw.com/2015/06/unitrin-is-now-followed-in-the-fourth-department/https://jtnylaw.com/2015/06/unitrin-is-now-followed-in-the-fourth-department/Fourth Department follows Unitrin ruling on timely notice requirements, allowing default judgment when insureds fail to provide written accident notice as condition precedent.Sun, 21 Jun 2015 20:37:15 GMTTimely notice of claimhttps://jtnylaw.com/2015/06/what-is-a-prima-facie-case/https://jtnylaw.com/2015/06/what-is-a-prima-facie-case/Court of Appeals clarifies prima facie case requirements for no-fault insurance summary judgment, requiring proof of mailing and business records compliance.Thu, 11 Jun 2015 22:55:53 GMTPrima Facie casehttps://jtnylaw.com/2015/06/civil-judgments-cannot-be-used-to-question-a-partys-credibility/https://jtnylaw.com/2015/06/civil-judgments-cannot-be-used-to-question-a-partys-credibility/New York courts limit cross-examination on collateral issues like employment history and credit, as civil judgments cannot be used to attack witness credibility.Thu, 04 Jun 2015 03:22:56 GMTEvidencehttps://jtnylaw.com/2015/05/default-judgment-vacated/https://jtnylaw.com/2015/05/default-judgment-vacated/Court vacates default judgment due to insufficient proof under CPLR 3215, requiring personal knowledge affidavits and verified complaints for proper establishment.Fri, 29 May 2015 02:28:26 GMTDefaultshttps://jtnylaw.com/2015/05/fraudulent-procurement-defense-precluded/https://jtnylaw.com/2015/05/fraudulent-procurement-defense-precluded/NY court rules insurer failed to establish timely denial defense for fraudulent procurement claim, highlighting ongoing debates in no-fault insurance law.Fri, 29 May 2015 02:21:07 GMTFraudhttps://jtnylaw.com/2015/05/ime-no-show-defense-folds/https://jtnylaw.com/2015/05/ime-no-show-defense-folds/A simple spelling error in an IME scheduling letter caused an insurance company's no-show defense to collapse, highlighting the importance of accurate patient identification.Fri, 29 May 2015 02:11:58 GMTIME issueshttps://jtnylaw.com/2015/05/on-the-motorcycle-and-hit-again-is-there-coverage/https://jtnylaw.com/2015/05/on-the-motorcycle-and-hit-again-is-there-coverage/Court rules motorcycle passenger thrown from bike but struck by it again remains "occupying" vehicle for no-fault insurance exclusion purposes in complex accident case.Thu, 28 May 2015 03:32:43 GMTUse and Operationhttps://jtnylaw.com/2015/05/the-prima-facie-case-in-the-first-department-and-sinking-of-a-disclosure-based-defense/https://jtnylaw.com/2015/05/the-prima-facie-case-in-the-first-department-and-sinking-of-a-disclosure-based-defense/First Department ruling on prima facie case requirements in no-fault insurance, waiver of assignment defenses, and discovery limitations in provider claims.Thu, 28 May 2015 01:31:02 GMTPrima Facie casehttps://jtnylaw.com/2015/05/ime-letters-do-not-need-to-be-sent-to-provider/https://jtnylaw.com/2015/05/ime-letters-do-not-need-to-be-sent-to-provider/Court clarifies that insurance companies don't need to notify healthcare providers when scheduling Independent Medical Examinations under New York No-Fault law.Thu, 28 May 2015 01:20:31 GMTIME issueshttps://jtnylaw.com/2015/05/5742/https://jtnylaw.com/2015/05/5742/Court ruling shows insurance companies must provide detailed affidavits about mail handling procedures to prove 45-day rule violations in no-fault claims disputes.Thu, 28 May 2015 01:15:52 GMTTimely submissions of Billshttps://jtnylaw.com/2015/05/taking-a-stab-at-our-respected-jurist-from-staten-island/https://jtnylaw.com/2015/05/taking-a-stab-at-our-respected-jurist-from-staten-island/A New York appellate court reminds judges to maintain judicial dignity after criticizing a Staten Island judge's colorful opinion writing style in a no-fault insurance case.Wed, 27 May 2015 22:44:34 GMTNo-Faulthttps://jtnylaw.com/2015/05/another-old-fee-schedule-20553-reduction-case/https://jtnylaw.com/2015/05/another-old-fee-schedule-20553-reduction-case/Court upholds $4,000 to $645.90 fee schedule reduction for CPT code 20553, explaining Ground Rule methodology and potential carrier recoupment analysis.Wed, 27 May 2015 22:34:11 GMTFee Schedulehttps://jtnylaw.com/2015/05/affidavits-of-no-show-are-insufficient/https://jtnylaw.com/2015/05/affidavits-of-no-show-are-insufficient/Court rules affidavits lacking personal knowledge of patient no-shows insufficient to dismiss no-fault insurance claims, requiring stronger evidence standards.Wed, 27 May 2015 22:29:04 GMTIME issueshttps://jtnylaw.com/2015/05/boilerplate-affidavit-mandates-triable-issue-of-fact-on-verification-issue/https://jtnylaw.com/2015/05/boilerplate-affidavit-mandates-triable-issue-of-fact-on-verification-issue/NY appellate court decisions create triable issues of fact with boilerplate affidavits claiming verification materials were mailed to insurance carriers.Wed, 27 May 2015 22:16:11 GMTAdditional Verificationhttps://jtnylaw.com/2015/05/what-was-the-other-basis-for-finding-the-euo-no-shows-are-invalid/https://jtnylaw.com/2015/05/what-was-the-other-basis-for-finding-the-euo-no-shows-are-invalid/Court finds EUO no-shows invalid due to unclear circumstances and potential rescheduling, with Civil Court judges granting plaintiff summary judgment in multiple cases.Wed, 27 May 2015 22:07:15 GMTEUO issueshttps://jtnylaw.com/2015/05/medical-necessity-motion-the-door-has-creaked-open-a-little-bit/https://jtnylaw.com/2015/05/medical-necessity-motion-the-door-has-creaked-open-a-little-bit/New York court requires medical evidence, not just "know it all" affidavits, to challenge IME reports in no-fault medical necessity disputes.Wed, 27 May 2015 22:05:04 GMTMedical Necessityhttps://jtnylaw.com/2015/05/objective-justification-not-necessary/https://jtnylaw.com/2015/05/objective-justification-not-necessary/New York court rules insurers don't need objective justification for EUO requests under No-Fault Regulation 68, emphasizing compliance importance.Wed, 27 May 2015 22:01:37 GMTEUO issueshttps://jtnylaw.com/2015/05/were-the-services-billed-for/https://jtnylaw.com/2015/05/were-the-services-billed-for/Court ruling on EUO scheduling letters and verification requests in NY no-fault insurance claims, examining when denials are timely and service billing disputes.Wed, 27 May 2015 21:58:22 GMTEUO issueshttps://jtnylaw.com/2015/05/complaint-stricken-on-discovery-violation-wait-until-the-shoe-is-on-the-other-foot/https://jtnylaw.com/2015/05/complaint-stricken-on-discovery-violation-wait-until-the-shoe-is-on-the-other-foot/Court strikes no-fault complaint for discovery violation despite minimal prejudice to defendant - analysis of CPLR 3126 sanctions and reasonable excuse standards.Wed, 27 May 2015 21:51:16 GMTNo-Faulthttps://jtnylaw.com/2015/05/tenuous-mallela-claim-denied/https://jtnylaw.com/2015/05/tenuous-mallela-claim-denied/Court rejects insurance carrier's argument that chiropractor's 5% billing company fee constitutes ownership under Mallela doctrine in New York no-fault case.Wed, 27 May 2015 21:42:28 GMTMallela issueshttps://jtnylaw.com/2015/05/no-right-to-appeal/https://jtnylaw.com/2015/05/no-right-to-appeal/Understanding when appeals are prohibited in New York courts - a crucial reminder about vacated judgments and orders in no-fault insurance cases.Tue, 05 May 2015 03:21:42 GMTNo-Faulthttps://jtnylaw.com/2015/05/the-dismissal-should-have-been-without-prejudice/https://jtnylaw.com/2015/05/the-dismissal-should-have-been-without-prejudice/Appellate court corrects trial court's dismissal with prejudice ruling in mortgage foreclosure case, emphasizing proper application of procedural dismissal standards.Tue, 05 May 2015 03:11:25 GMTDefaultshttps://jtnylaw.com/2015/05/cplr-3082-in-action-the-successful-traverse/https://jtnylaw.com/2015/05/cplr-3082-in-action-the-successful-traverse/Court case analysis of CPLR 308(2) service requirements showing successful traverse of default judgment based on improper mailing to wrong address despite valid personal service.Tue, 05 May 2015 03:02:36 GMTDefaultshttps://jtnylaw.com/2015/05/progressive-cannot-prove-they-mailed-documents/https://jtnylaw.com/2015/05/progressive-cannot-prove-they-mailed-documents/Progressive insurance company fails to prove proper mailing of claim denials, court finds insufficient evidence of standard office procedures in NY no-fault case.Tue, 05 May 2015 02:51:22 GMTCoveragehttps://jtnylaw.com/2015/05/the-hospital-record-admission-is-admissible-not-necessarily-as-a-business-record/https://jtnylaw.com/2015/05/the-hospital-record-admission-is-admissible-not-necessarily-as-a-business-record/Court rules hospital records admissible as party admissions even when not germane to medical treatment, expanding evidence rules beyond business records exception.Tue, 05 May 2015 02:42:32 GMTBusiness recordshttps://jtnylaw.com/2015/05/the-missing-witness-charge/https://jtnylaw.com/2015/05/the-missing-witness-charge/New York court ruling on missing witness charges in civil trials - when courts should instruct juries to draw adverse inferences from a party's failure to call expected witnesses.Tue, 05 May 2015 02:30:42 GMTNo-Faulthttps://jtnylaw.com/2015/05/watering-down-4518a-to-historic-lows/https://jtnylaw.com/2015/05/watering-down-4518a-to-historic-lows/Portfolio Recovery case shows how CPLR 4518(a) business records rule applies to assigned debt collection, allowing self-authenticating statements and affidavits of sale as evidence.Tue, 05 May 2015 02:11:37 GMTBusiness recordshttps://jtnylaw.com/2015/05/mvaic-you-must-provide-coverage/https://jtnylaw.com/2015/05/mvaic-you-must-provide-coverage/MVAIC coverage dispute: Appellate Division reverses denial for hit-and-run victim who made reasonable efforts to identify driver after realizing injury severity.Tue, 05 May 2015 01:49:26 GMTCoveragehttps://jtnylaw.com/2015/05/where-venue-motion-is-to-be-brought/https://jtnylaw.com/2015/05/where-venue-motion-is-to-be-brought/Learn the critical timing and location rules for venue transfer motions in New York courts, including common procedural pitfalls that can derail your case.Tue, 05 May 2015 01:44:29 GMTNo-Faulthttps://jtnylaw.com/2015/05/proofs-insufficient-under-pa-law/https://jtnylaw.com/2015/05/proofs-insufficient-under-pa-law/Pennsylvania law allows insurers to rescind policies for misrepresentation, but innocent third parties retain protection rights despite the rescission.Tue, 05 May 2015 01:41:25 GMTChoice of lawhttps://jtnylaw.com/2015/05/non-receipt-and-medical-necessity/https://jtnylaw.com/2015/05/non-receipt-and-medical-necessity/Court ruling highlights the critical difference between claiming you mailed documents and proving proper mailing procedures in no-fault insurance claims.Tue, 05 May 2015 01:35:37 GMTMailinghttps://jtnylaw.com/2015/05/dismissal-for-failure-to-take-a-default-itself-failed/https://jtnylaw.com/2015/05/dismissal-for-failure-to-take-a-default-itself-failed/Court rules that making a timely default judgment application protects plaintiffs from CPLR 3215(c) dismissal, even if the application ultimately fails.Tue, 05 May 2015 01:20:04 GMTDefaultshttps://jtnylaw.com/2015/05/alrof-strikes/https://jtnylaw.com/2015/05/alrof-strikes/Court rejects insurance company's EUO no-show defense, citing flawed Alrof precedent that misrepresents examination under oath requirements in no-fault cases.Tue, 05 May 2015 00:19:36 GMTEUO issueshttps://jtnylaw.com/2015/04/first-department-on-unitrin-again/https://jtnylaw.com/2015/04/first-department-on-unitrin-again/First Department rules on IME no-show requirements in Priority Med v NY Central Mut, requiring competent evidence beyond standard practices for no-fault claims.Sat, 18 Apr 2015 02:59:26 GMTIME issueshttps://jtnylaw.com/2015/04/another-mailing/https://jtnylaw.com/2015/04/another-mailing/Court rejects mailing affidavit from employee who started after the denial was sent, highlighting importance of personal knowledge in proving proper mailing procedures.Sat, 18 Apr 2015 02:15:10 GMTMailinghttps://jtnylaw.com/2015/04/exhaustion-of-benefits-strict-priority-of-payment-regimen-is-somewhat-abrogaded/https://jtnylaw.com/2015/04/exhaustion-of-benefits-strict-priority-of-payment-regimen-is-somewhat-abrogaded/NY court ruling on no-fault insurance policy exhaustion defense when claims are properly denied but coverage limits reached through arbitration awards to other providers.Sat, 18 Apr 2015 02:08:01 GMTCoveragePriority of Paymenthttps://jtnylaw.com/2015/04/alrof-again/https://jtnylaw.com/2015/04/alrof-again/Court denies both summary judgment motions in no-fault case, highlighting importance of proper EUO scheduling and appearance requirements under Alrof precedent.Tue, 14 Apr 2015 07:18:53 GMTEUO issueshttps://jtnylaw.com/2015/04/euo-time-frame-according-to-the-appellate-term-second-department/https://jtnylaw.com/2015/04/euo-time-frame-according-to-the-appellate-term-second-department/New York appellate court clarifies strict 15-day deadline for no-fault insurers to request EUOs, ruling that late scheduling letters are nullities under regulations.Tue, 14 Apr 2015 07:12:32 GMTEUO issueshttps://jtnylaw.com/2015/04/5657/https://jtnylaw.com/2015/04/5657/NY court rules insurers don't need objective basis to request EUOs under No-Fault Regulation 68, making EUO requests easier to justify as reasonable.Tue, 14 Apr 2015 07:07:24 GMTEUO issueshttps://jtnylaw.com/2015/04/defaults-the-right-to-notice/https://jtnylaw.com/2015/04/defaults-the-right-to-notice/Analysis of Paulus v Christopher Vacirca ruling on CPLR 3215(g)(1) notice requirements for default judgments when defendants have appeared in NY actions.Tue, 14 Apr 2015 06:54:25 GMTDefaultshttps://jtnylaw.com/2015/04/cost-of-doctor-for-aborted-trial-not-reimbursable/https://jtnylaw.com/2015/04/cost-of-doctor-for-aborted-trial-not-reimbursable/New York court rules that trial costs and expert witness cancellation fees are not reimbursable when defense attorney becomes ill, reversing $6,900 award.Tue, 14 Apr 2015 06:24:41 GMTNo-Faulthttps://jtnylaw.com/2015/04/parties-cannot-stipulate-away-issues-of-pure-coverage/https://jtnylaw.com/2015/04/parties-cannot-stipulate-away-issues-of-pure-coverage/NY Court rules parties cannot stipulate away pure coverage issues in no-fault insurance disputes. Key precedent for coverage defense strategies.Tue, 14 Apr 2015 06:08:01 GMTCoveragehttps://jtnylaw.com/2015/04/non-disruptive-representative-allowed-at-ime/https://jtnylaw.com/2015/04/non-disruptive-representative-allowed-at-ime/Court rules that having a non-disruptive representative present during an IME doesn't prevent defendants from conducting meaningful medical examinations under CPLR 3121.Thu, 09 Apr 2015 20:44:49 GMTIME issueshttps://jtnylaw.com/2015/04/first-application-of-11-nycrr-65-3-8g1ii/https://jtnylaw.com/2015/04/first-application-of-11-nycrr-65-3-8g1ii/Landmark case establishing first application of 11 NYCRR 65-3.8(g)(1)(ii) regarding prevailing fees and timeliness requirements in New York no-fault insurance claims.Thu, 09 Apr 2015 01:09:27 GMTFee Schedulehttps://jtnylaw.com/2015/04/an-interesting-case-in-the-realm-of-misrepresentations/https://jtnylaw.com/2015/04/an-interesting-case-in-the-realm-of-misrepresentations/Court finds insurer can deny coverage despite keeping premiums when policyholder misrepresented property status on application, highlighting material misrepresentation defense complexities.Thu, 09 Apr 2015 00:32:53 GMTMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2015/04/suspended-physician/https://jtnylaw.com/2015/04/suspended-physician/Court rules that a physician's medical affirmation remains admissible even after license revocation, as long as the affirmation was executed while licensed.Thu, 09 Apr 2015 00:14:25 GMT5102(d) issueshttps://jtnylaw.com/2015/04/defective-cancellation-abrogated-upon-proof-that-another-carrier-picked-up-risk/https://jtnylaw.com/2015/04/defective-cancellation-abrogated-upon-proof-that-another-carrier-picked-up-risk/NY Court ruling on auto insurance cancellation: when another carrier picks up coverage, prior policy automatically terminates under VTL §313(1)(a).Thu, 09 Apr 2015 00:04:48 GMTCoveragehttps://jtnylaw.com/2015/04/appellate-term-again-reverses-course-on-unitrin/https://jtnylaw.com/2015/04/appellate-term-again-reverses-course-on-unitrin/Appellate Term reverses course on Unitrin case law regarding IME no-show denials and retroactive claim denial rights in New York no-fault insurance disputes.Tue, 07 Apr 2015 19:32:52 GMTEUO issueshttps://jtnylaw.com/2015/04/non-receipt-and-verification/https://jtnylaw.com/2015/04/non-receipt-and-verification/Court ruling on non-receipt denials and verification requirements in NY no-fault insurance claims, including burden of proof standards for medical providers.Tue, 07 Apr 2015 19:31:28 GMTAdditional VerificationNon receipt of billhttps://jtnylaw.com/2015/04/does-not-need-to-be-mailed-in-duplicate-again/https://jtnylaw.com/2015/04/does-not-need-to-be-mailed-in-duplicate-again/Court clarifies that failure to mail no-fault denial forms in duplicate is not automatically fatal to insurance company's defense, reinforcing procedural flexibility.Tue, 07 Apr 2015 19:27:45 GMTPreservation of defenses on NF-10https://jtnylaw.com/2015/04/a-taste-of-unitrin-in-the-second-department/https://jtnylaw.com/2015/04/a-taste-of-unitrin-in-the-second-department/Second Department case analyzing IME failure as coverage defense in New York no-fault insurance law, examining conditions precedent to insurer liability.Tue, 07 Apr 2015 19:24:46 GMTEUO issueshttps://jtnylaw.com/2015/04/third-party-vendor-troubles/https://jtnylaw.com/2015/04/third-party-vendor-troubles/New York no-fault insurance carriers risk costly legal defeats when third-party mailing vendors fail to prove proper delivery procedures for claim denials.Tue, 07 Apr 2015 19:19:19 GMTNo-Faulthttps://jtnylaw.com/2015/04/the-application-of-the-10-day-follow-up-period-to-send-euo-requests/https://jtnylaw.com/2015/04/the-application-of-the-10-day-follow-up-period-to-send-euo-requests/Court ruling clarifies timing requirements for EUO follow-up requests in no-fault cases, emphasizing proper application of verification timeframes under NY insurance regulations.Tue, 07 Apr 2015 19:15:33 GMTEUO issueshttps://jtnylaw.com/2015/04/cpt-code-20553-reduced-from-4000-to-less-than-1000/https://jtnylaw.com/2015/04/cpt-code-20553-reduced-from-4000-to-less-than-1000/NY court reduces CPT Code 20553 billing from $4,000 to under $1,000 using workers' compensation fee schedule Ground Rules 3 and 5 in no-fault insurance case.Tue, 07 Apr 2015 19:07:25 GMTFee Schedulehttps://jtnylaw.com/2015/04/euo-denial-not-vague-or-conclusory-for-not-stating-dates/https://jtnylaw.com/2015/04/euo-denial-not-vague-or-conclusory-for-not-stating-dates/Court rules EUO denial valid despite not specifying examination dates, rejecting plaintiff's argument that omission made denial vague or conclusory under New York no-fault law.Tue, 07 Apr 2015 18:50:08 GMTEUO issuesPreservation of defenses on NF-10https://jtnylaw.com/2015/04/failure-to-object-again-spells-end-to-fishing-expedition-on-reasonableness/https://jtnylaw.com/2015/04/failure-to-object-again-spells-end-to-fishing-expedition-on-reasonableness/Court reaffirms that healthcare providers who fail to object to EUO requests cannot later challenge their reasonableness in discovery disputes.Tue, 07 Apr 2015 18:35:33 GMTEUO issueshttps://jtnylaw.com/2015/04/welcome-to-my-new-site/https://jtnylaw.com/2015/04/welcome-to-my-new-site/Long Island attorney Jason Tenenbaum launches his new website in 2015, transitioning from his popular no-fault insurance law blog to provide enhanced legal content.Thu, 02 Apr 2015 03:55:17 GMTNo-Faulthttps://jtnylaw.com/2015/03/preliminary-injunction-denied/https://jtnylaw.com/2015/03/preliminary-injunction-denied/New York court denies insurer's preliminary injunction in no-fault coverage dispute, finding no likelihood of success or irreparable harm. Long Island insurance defense analysis.Fri, 27 Mar 2015 01:11:44 GMTCoverageDeclaratory Judgmentshttps://jtnylaw.com/2015/03/ime-cut-off-succeeds/https://jtnylaw.com/2015/03/ime-cut-off-succeeds/Court ruling clarifies IME notification requirements in no-fault cases, with defense succeeding in cutting off acupuncture benefits through proper medical examination procedures.Thu, 26 Mar 2015 15:48:31 GMTMedical Necessityhttps://jtnylaw.com/2015/03/consolidated-attorney-fee/https://jtnylaw.com/2015/03/consolidated-attorney-fee/EMA Acupuncture v Allstate clarifies attorney fee calculations in consolidated no-fault cases, establishing $850 maximum applies per aggregate claims from same accident.Thu, 26 Mar 2015 15:45:02 GMTAttorney feehttps://jtnylaw.com/2015/03/think-your-insured-is-not-on-the-up-and-up-well-dont-cash-their-premium-check-after-you-cancel-their-policy/https://jtnylaw.com/2015/03/think-your-insured-is-not-on-the-up-and-up-well-dont-cash-their-premium-check-after-you-cancel-their-policy/Insurance companies that accept premium payments after policy cancellation may waive their right to claim the policy was void, as demonstrated in this New York case.Thu, 26 Mar 2015 15:26:35 GMTNo-Faulthttps://jtnylaw.com/2015/03/interesting-discussion-as-to-causation/https://jtnylaw.com/2015/03/interesting-discussion-as-to-causation/New York court dismisses injury case where plaintiff failed to prove accident caused knee surgery, highlighting importance of objective medical evidence in causation claims.Mon, 23 Mar 2015 15:12:18 GMT5102(d) issueshttps://jtnylaw.com/2015/03/misrepresentation-based-upon-failure-to-serve-last-known-address/https://jtnylaw.com/2015/03/misrepresentation-based-upon-failure-to-serve-last-known-address/Court grants vacatur of default judgment when plaintiff's counsel misrepresented defendant's address for service, establishing new precedent under CPLR 5015(a)(3).Mon, 23 Mar 2015 15:10:21 GMTDefaultshttps://jtnylaw.com/2015/03/why-follow-the-law/https://jtnylaw.com/2015/03/why-follow-the-law/NY appellate court criticizes Justice Schack for ignoring precedent on standing defenses in foreclosure cases, ordering case reassignment.Sat, 21 Mar 2015 01:38:35 GMTStandinghttps://jtnylaw.com/2015/03/what-happened-here-2/https://jtnylaw.com/2015/03/what-happened-here-2/Court rules on no-fault insurance coverage dispute, addressing procedural issues with raising defenses for first time on appeal and excess coverage eligibility.Sat, 21 Mar 2015 01:29:24 GMTCoveragehttps://jtnylaw.com/2015/03/standing-not-expressly-pleaded/https://jtnylaw.com/2015/03/standing-not-expressly-pleaded/New York appellate court ruling shows defendants don't need to explicitly plead lack of standing if their answer denies plaintiff's ownership of foreclosed property.Sat, 21 Mar 2015 01:17:09 GMTStandinghttps://jtnylaw.com/2015/03/the-sloane-2106-rule-dead/https://jtnylaw.com/2015/03/the-sloane-2106-rule-dead/First Department rules that no-fault arbitrators cannot strictly enforce CPLR 2106 evidentiary requirements, calling such rigid adherence "arbitrary" in landmark decision.Fri, 20 Mar 2015 01:49:21 GMTEvidenceHearsayhttps://jtnylaw.com/2015/03/illogical/https://jtnylaw.com/2015/03/illogical/New York appellate court highlights inconsistencies in no-fault insurance law regarding IME request timing and policy voiding procedures in healthcare provider billing disputes.Fri, 20 Mar 2015 01:44:27 GMTNo-Faulthttps://jtnylaw.com/2015/03/acupuncture-may-be-billed-using-97039-and-97026/https://jtnylaw.com/2015/03/acupuncture-may-be-billed-using-97039-and-97026/NY court ruling on acupuncture billing codes 97039 and 97026 in no-fault insurance claims, establishing fee schedule guidelines for licensed acupuncturists.Fri, 20 Mar 2015 01:40:50 GMTFee Schedulehttps://jtnylaw.com/2015/03/obligations-of-assignee-and-authorized-entity/https://jtnylaw.com/2015/03/obligations-of-assignee-and-authorized-entity/Key court ruling on EUO obligations for healthcare providers with assigned benefits or authorization to pay in New York no-fault insurance cases.Fri, 20 Mar 2015 01:29:15 GMTEUO issueshttps://jtnylaw.com/2015/03/delay-for-ime-and-euo-no-shows/https://jtnylaw.com/2015/03/delay-for-ime-and-euo-no-shows/Power Supply Inc v Praetorian case establishes that insurers can maintain delay status for multiple no-shows until final EUO non-appearance triggers denial.Fri, 20 Mar 2015 01:20:14 GMTEUO issuesIME issueshttps://jtnylaw.com/2015/03/fraudulent-prcourement-defnese/https://jtnylaw.com/2015/03/fraudulent-prcourement-defnese/Pennsylvania insurance policy rescission defense fails against innocent third parties in NY courts. Choice of law typically favors vehicle registration state in cross-border claims.Fri, 20 Mar 2015 01:16:04 GMTChoice of lawhttps://jtnylaw.com/2015/03/declaratory-judgment-action-again-moots-the-underlying-civil-court-action/https://jtnylaw.com/2015/03/declaratory-judgment-action-again-moots-the-underlying-civil-court-action/Court ruling demonstrates how declaratory judgment actions can effectively moot underlying Civil Court proceedings through res judicata doctrine in no-fault insurance disputes.Fri, 20 Mar 2015 01:01:02 GMTCoverageDeclaratory Judgmentshttps://jtnylaw.com/2015/03/excusable-neglect-not-acceptable/https://jtnylaw.com/2015/03/excusable-neglect-not-acceptable/Court rejects attorney's heavy workload as excuse for missing deadline, emphasizing that mere neglect cannot justify vacating default orders in legal proceedings.Fri, 20 Mar 2015 00:50:56 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2015/02/it-came-and-i-am-surprised-but-if-everything-is-now-done-in-new-jersey-whats-the-long-term-impact/https://jtnylaw.com/2015/02/it-came-and-i-am-surprised-but-if-everything-is-now-done-in-new-jersey-whats-the-long-term-impact/Court ruling on facility fees for office-based surgery under NY no-fault insurance law, examining Insurance Law § 5108 and Workers' Compensation fee schedules.Thu, 19 Feb 2015 16:46:49 GMTFee Schedulehttps://jtnylaw.com/2015/02/attorney-fees-for-cases-filed-on-or-after-february-4-2015/https://jtnylaw.com/2015/02/attorney-fees-for-cases-filed-on-or-after-february-4-2015/New York attorney fee limitations for no-fault insurance cases filed after February 4, 2015, including arbitration rates and maximum fee caps per regulation 11 NYCRR 65-4.6.Thu, 12 Feb 2015 17:21:40 GMTAttorney feehttps://jtnylaw.com/2015/02/the-law-on-signatures/https://jtnylaw.com/2015/02/the-law-on-signatures/New York court upholds signature authentication and foundation requirements for prior inconsistent statements in cross-examination. Long Island criminal defense analysis.Thu, 12 Feb 2015 14:57:29 GMTEvidencehttps://jtnylaw.com/2015/02/the-securitization-of-debt-does-not-divest-party-from-having-standing-to-prosecute-action/https://jtnylaw.com/2015/02/the-securitization-of-debt-does-not-divest-party-from-having-standing-to-prosecute-action/Court rules that securitizing credit card debt doesn't eliminate the original issuer's standing to sue for unpaid balances, clarifying ownership rights in debt collection.Thu, 12 Feb 2015 14:37:23 GMTStandinghttps://jtnylaw.com/2015/02/failure-to-stipulate-to-an-adjournment-can-be-law-office-failure-sufficient-to-vacate-a-summary-judgment-loss-on-default/https://jtnylaw.com/2015/02/failure-to-stipulate-to-an-adjournment-can-be-law-office-failure-sufficient-to-vacate-a-summary-judgment-loss-on-default/Court finds that failure to stipulate to adjournment can constitute law office failure, providing grounds to vacate summary judgment entered on default.Thu, 12 Feb 2015 14:34:30 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2015/02/difference-between-condition-order-and-standard-order/https://jtnylaw.com/2015/02/difference-between-condition-order-and-standard-order/Learn the crucial difference between conditional and standard discovery orders in NY litigation and how they affect case strategy and deadlines.Thu, 12 Feb 2015 14:21:40 GMTDiscoveryhttps://jtnylaw.com/2015/02/significant-limitation-v-permanent-consequential/https://jtnylaw.com/2015/02/significant-limitation-v-permanent-consequential/Key differences between significant limitation vs permanent consequential limitation in NY serious injury cases, including expert requirements and proof standards.Thu, 12 Feb 2015 14:17:47 GMT5102(d) issueshttps://jtnylaw.com/2015/02/5522/https://jtnylaw.com/2015/02/5522/Court ruling establishes that fee schedule vendors can properly substitute claims representatives in affidavits defending workers' compensation fee schedule determinations.Wed, 11 Feb 2015 23:35:14 GMTFee Schedulehttps://jtnylaw.com/2015/02/they-did-not-act-in-good-faith/https://jtnylaw.com/2015/02/they-did-not-act-in-good-faith/Court rules Allstate failed to act in good faith regarding additional verification requests in NY no-fault insurance case, affirming arbitrator's award.Wed, 11 Feb 2015 23:27:53 GMTAdditional Verificationhttps://jtnylaw.com/2015/02/the-buckling-knee-when-exiting/https://jtnylaw.com/2015/02/the-buckling-knee-when-exiting/Court rules knee buckling while exiting vehicle doesn't qualify for NY no-fault benefits - use and operation requirements explained for personal injury claims.Wed, 11 Feb 2015 22:18:36 GMTCoverageUse and Operationhttps://jtnylaw.com/2015/02/staged-accident-stay/https://jtnylaw.com/2015/02/staged-accident-stay/Liberty Mutual v Young case analysis: staged accident claims, coverage disclaimers, and uninsured motorist benefits in New York insurance law disputes.Wed, 11 Feb 2015 21:12:36 GMTCoverageIntentional losshttps://jtnylaw.com/2015/01/dj-victory-from-the-first-department/https://jtnylaw.com/2015/01/dj-victory-from-the-first-department/First Department upholds no-fault insurer's EUO no-show denial with proper mailing proof despite incomplete attorney affidavit in Hertz Corp. v Active CareWed, 07 Jan 2015 20:19:19 GMTEUO issueshttps://jtnylaw.com/2015/01/the-missing-emgncv-undermined-the-experts-analysis/https://jtnylaw.com/2015/01/the-missing-emgncv-undermined-the-experts-analysis/Expert testimony undermined in 5102(d) serious injury case when EMG/NCV study missing critical conclusion page showing radiculopathy - Fourth Department analysisWed, 07 Jan 2015 19:47:25 GMT5102(d) issueshttps://jtnylaw.com/2015/01/lack-of-medical-necessity-defense-upheld/https://jtnylaw.com/2015/01/lack-of-medical-necessity-defense-upheld/Court upholds medical necessity defense despite plaintiff's challenges to peer review doctor qualifications in Five Boro Med case.Sat, 03 Jan 2015 17:46:09 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2015/01/another-acupuncture-fee-schedule-challenge-fails/https://jtnylaw.com/2015/01/another-acupuncture-fee-schedule-challenge-fails/New York court upholds GEICO's fee schedule reductions for acupuncture services, rejecting provider's challenge in workers' compensation case.Sat, 03 Jan 2015 17:42:34 GMTFee Schedulehttps://jtnylaw.com/2015/01/proof-insufficient-to-show-mailing/https://jtnylaw.com/2015/01/proof-insufficient-to-show-mailing/Court finds insufficient proof of mailing for IME scheduling letters, highlighting the importance of establishing proper office procedures for no-fault insurance cases.Sat, 03 Jan 2015 17:39:25 GMTIME issueshttps://jtnylaw.com/2015/01/interest-and-attorney-fee/https://jtnylaw.com/2015/01/interest-and-attorney-fee/Court finds excessive interest calculation in no-fault case affects attorney fees under 11 NYCRR 65-4.6, highlighting importance of proper interest calculation periods.Sat, 03 Jan 2015 17:34:44 GMTAttorney feeStatutory interesthttps://jtnylaw.com/2015/01/alrof-hits-ameriprise/https://jtnylaw.com/2015/01/alrof-hits-ameriprise/Ameriprise loses summary judgment motion due to lack of personal knowledge proof for EUO no-shows, following the established Alrof precedent in New York no-fault law.Sat, 03 Jan 2015 17:29:17 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2015/01/paid-in-full/https://jtnylaw.com/2015/01/paid-in-full/New York court ruling clarifies that accepting partial payment doesn't create accord and satisfaction, even when check states "paid in full" without proper agreement.Sat, 03 Jan 2015 17:25:36 GMTProcedural Issueshttps://jtnylaw.com/2015/01/inability-to-pay-will-not-allow-vacatur-of-stipulation/https://jtnylaw.com/2015/01/inability-to-pay-will-not-allow-vacatur-of-stipulation/NY court rules financial hardship alone cannot void settlement stipulations, emphasizing courts' preference for enforcing agreements once parties consent.Sat, 03 Jan 2015 17:20:40 GMTProcedural IssuesStipulationshttps://jtnylaw.com/2015/01/what-happened-mr-rookie/https://jtnylaw.com/2015/01/what-happened-mr-rookie/Court rules on insurance policy cancellation for nonpayment, discussing burden of proof requirements and statutory compliance under Vehicle and Traffic Law § 313.Sat, 03 Jan 2015 17:14:27 GMTCancellation of policyCoveragehttps://jtnylaw.com/2014/12/another-geffner-sighting/https://jtnylaw.com/2014/12/another-geffner-sighting/Court decision requiring medical experts to demonstrate proper qualifications when testifying outside their specialty area in NY personal injury cases.Tue, 30 Dec 2014 15:37:19 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2014/12/it-is-not-5015-but-317/https://jtnylaw.com/2014/12/it-is-not-5015-but-317/Court case analysis on CPLR 317 defense for defendants who didn't receive proper notice of summons, exploring alternatives to CPLR 5015 for vacating defaults.Mon, 29 Dec 2014 18:21:37 GMTDefaultsReasonable excuse other than law office failurehttps://jtnylaw.com/2014/12/valid-excuse-for-law-office-failure/https://jtnylaw.com/2014/12/valid-excuse-for-law-office-failure/Court accepts law office failure as valid excuse for missing conference when defendants provide detailed, credible explanation for miscommunication between attorneys.Mon, 29 Dec 2014 18:17:26 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2014/12/ime-no-show-substantiated-again/https://jtnylaw.com/2014/12/ime-no-show-substantiated-again/Appellate Term reverses Civil Court ruling on IME scheduling letters, finding that 48-hour cancellation notice requirement complies with No-Fault Regulations.Fri, 26 Dec 2014 19:27:04 GMTIME issuesSufficiency of lettershttps://jtnylaw.com/2014/12/from-the-eyes-of-the-insured-has-its-limits/https://jtnylaw.com/2014/12/from-the-eyes-of-the-insured-has-its-limits/NY court rules staged accident schemes void coverage regardless of innocent third party status - challenges Langan doctrine on intentional actsThu, 25 Dec 2014 18:41:45 GMTCoverageIntentional losshttps://jtnylaw.com/2014/12/a-good-causation-case/https://jtnylaw.com/2014/12/a-good-causation-case/New York Court of Appeals case demonstrates how timing gaps between accidents and medical complaints can break the causal chain in personal injury claims.Thu, 25 Dec 2014 18:34:27 GMTCausationCoveragehttps://jtnylaw.com/2014/12/first-department-upholds-euo-dj-victory/https://jtnylaw.com/2014/12/first-department-upholds-euo-dj-victory/First Department upholds declaratory judgment victory for insurer after assignors failed to appear at scheduled examinations under oath in no-fault case.Tue, 23 Dec 2014 22:44:42 GMTDeclaratory Judgment ActionEUO issuesProcedural Issueshttps://jtnylaw.com/2014/12/5445/https://jtnylaw.com/2014/12/5445/Court wrestles with Quality vs Amex theories for proving IME no-shows, highlighting ongoing legal tensions in New York no-fault insurance cases.Tue, 23 Dec 2014 21:00:00 GMTEUO issuesIME issueshttps://jtnylaw.com/2014/12/no-show-failed-the-alrof-test/https://jtnylaw.com/2014/12/no-show-failed-the-alrof-test/Court ruling demonstrates how insurance companies must meet strict procedural requirements when denying no-fault claims based on missed EUOs and IMEs under established legal standards.Tue, 23 Dec 2014 20:50:51 GMTEUO issuesIME issueshttps://jtnylaw.com/2014/12/unpreserved-and-without-merit/https://jtnylaw.com/2014/12/unpreserved-and-without-merit/New York court rules on assignment of benefits standing requirements in no-fault insurance case, discussing "on file" statements and claim form requirements.Tue, 23 Dec 2014 20:29:50 GMTAssignment of BenefitsStandinghttps://jtnylaw.com/2014/12/a-worthless-preclusion-order/https://jtnylaw.com/2014/12/a-worthless-preclusion-order/Court rules discovery preclusion orders are worthless when insurance denials admit receipt of medical bills, allowing no-fault providers to prove their case at trial.Tue, 23 Dec 2014 20:24:41 GMTDiscoveryDiscovery sanctionshttps://jtnylaw.com/2014/12/first-class-mail-is-sufficient-even-when-certified-mailing-is-returned/https://jtnylaw.com/2014/12/first-class-mail-is-sufficient-even-when-certified-mailing-is-returned/Court rules first class mail is sufficient for EUO notices even when certified mail tracking shows non-delivery, expanding mailing requirement precedent.Tue, 23 Dec 2014 19:58:33 GMTMailinghttps://jtnylaw.com/2014/12/mvaic-trouble/https://jtnylaw.com/2014/12/mvaic-trouble/MVAIC coverage requirements vary by judicial department, creating strategic considerations for no-fault insurance claims involving burden of proof standards.Tue, 23 Dec 2014 19:49:23 GMTCoveragehttps://jtnylaw.com/2014/12/mailing-and-the-first-time-objective-has-landed-in-a-medical-rational-case/https://jtnylaw.com/2014/12/mailing-and-the-first-time-objective-has-landed-in-a-medical-rational-case/Court ruling establishes "objective medical explanation" requirement for no-fault insurance medical necessity defenses and highlights proper mailing procedure standards.Tue, 23 Dec 2014 19:41:11 GMTMailingMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2014/12/on-receipt-and-mailing/https://jtnylaw.com/2014/12/on-receipt-and-mailing/Analysis of Medcare Supply v Farmers decision on no-fault insurance mailing requirements and affidavit standards for proving receipt and non-receipt of claims.Tue, 23 Dec 2014 19:26:13 GMTMailingNon receipt of billhttps://jtnylaw.com/2014/12/cplr-3216-again/https://jtnylaw.com/2014/12/cplr-3216-again/CPLR 3216 case analysis: Restoration Sports & Spine v Geico on dismissal requirements for no-fault insurance claims and justifiable excuse standards.Fri, 12 Dec 2014 20:33:34 GMTProcedural Issueshttps://jtnylaw.com/2014/12/a-timely-denial-with-errors/https://jtnylaw.com/2014/12/a-timely-denial-with-errors/Second Department ruling on timely NF-10 denial forms with errors - when nonprejudicial mistakes don't invalidate proper no-fault insurance denials.Fri, 12 Dec 2014 19:54:32 GMTPreservation of defenses on NF-10https://jtnylaw.com/2014/12/a-true-insurance-attorney-has-passed/https://jtnylaw.com/2014/12/a-true-insurance-attorney-has-passed/Remembering Norman Dachs, pioneer personal injury attorney and respected no-fault insurance master arbitrator who challenged legal boundaries and elevated practice standards.Thu, 11 Dec 2014 16:26:44 GMTNo-Faulthttps://jtnylaw.com/2014/12/5392/https://jtnylaw.com/2014/12/5392/Court establishes triable issue of fact on causation in personal injury case, highlighting importance of medical expert testimony and comparative MRI evidence.Thu, 11 Dec 2014 15:26:10 GMT5102(d) issuesCausationCoveragehttps://jtnylaw.com/2014/12/it-did-not-work-the-second-time-around/https://jtnylaw.com/2014/12/it-did-not-work-the-second-time-around/New York appellate court decisions show inconsistent rulings on no-fault insurance medical necessity and causation claims, highlighting unpredictable outcomes.Fri, 05 Dec 2014 00:22:18 GMTCausationCoverageMedical Necessityhttps://jtnylaw.com/2014/12/failed-to-adduce-that-she-was-an-expert/https://jtnylaw.com/2014/12/failed-to-adduce-that-she-was-an-expert/New York court ruling on expert witness qualification requirements - what must be included in expert affidavits and CVs to establish admissibility in personal injury cases.Thu, 04 Dec 2014 23:33:18 GMTEvidenceExpertshttps://jtnylaw.com/2014/12/break-in-the-chain-of-causation/https://jtnylaw.com/2014/12/break-in-the-chain-of-causation/New York court rules six-month treatment gap breaks chain of causation in motor vehicle accident case, rendering medical opinions speculative. Long Island PI analysis.Thu, 04 Dec 2014 23:24:17 GMTCausationCoveragehttps://jtnylaw.com/2014/12/waiver-through-silence/https://jtnylaw.com/2014/12/waiver-through-silence/Grace v NYC Transit case demonstrates how failing to object to jury instructions and verdict sheets results in waiver, requiring fundamental error for appellate review.Thu, 04 Dec 2014 23:14:13 GMTProcedural Issueshttps://jtnylaw.com/2014/12/amendment-of-caption-is-allowable/https://jtnylaw.com/2014/12/amendment-of-caption-is-allowable/Court ruling allows plaintiff to amend caption to correct corporate name misnomer, establishing no prejudice standard for such procedural corrections.Tue, 02 Dec 2014 19:49:07 GMTProcedural Issueshttps://jtnylaw.com/2014/11/the-conclusory-statement-of-non-receipt-will-not-non-suit-a-45-day-case/https://jtnylaw.com/2014/11/the-conclusory-statement-of-non-receipt-will-not-non-suit-a-45-day-case/Easy Care Acupuncture v MVAIC case shows conclusory non-receipt statements insufficient to dismiss 45-day no-fault billing cases without proper search evidenceWed, 26 Nov 2014 18:04:04 GMTTimely submissions of Billshttps://jtnylaw.com/2014/11/new-jersey-fee-schedule-is-proper-as-a-matter-of-law/https://jtnylaw.com/2014/11/new-jersey-fee-schedule-is-proper-as-a-matter-of-law/New Jersey fee schedule properly applied to out-of-state services under NY no-fault law. Court ruling prevents coding battles, establishes clear reimbursement rules.Wed, 26 Nov 2014 17:55:33 GMTFee Schedulehttps://jtnylaw.com/2014/11/certificate-of-conformity-waived/https://jtnylaw.com/2014/11/certificate-of-conformity-waived/Court rules on certificate of conformity requirements for affidavits in default judgment motions, finding waiver of CPLR 2309(a) defects is permissible.Thu, 20 Nov 2014 22:39:37 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2014/11/defective-notarization/https://jtnylaw.com/2014/11/defective-notarization/New York court ruling clarifies that while CPLR 2309 certificate defects aren't fatal, improper notarization requiring personal appearance still invalidates affidavits.Sun, 16 Nov 2014 18:46:35 GMTAffidavitsProcedural Issueshttps://jtnylaw.com/2014/11/missing-document-charge-not-granted/https://jtnylaw.com/2014/11/missing-document-charge-not-granted/Court denies missing document charge when plaintiff fails to prove accident scene photographs existed or moved to compel their production during discovery.Sun, 16 Nov 2014 18:31:05 GMTEvidencehttps://jtnylaw.com/2014/11/insurable-interest/https://jtnylaw.com/2014/11/insurable-interest/Court ruling clarifies insurable interest requirements in NY auto insurance, showing vehicle owners have valid coverage interests that insurers cannot improperly cancel.Fri, 14 Nov 2014 23:01:51 GMTCoveragehttps://jtnylaw.com/2014/11/the-inability-to-recall-which-shoulder-was-hurt-damages-the-plaintiffs-case/https://jtnylaw.com/2014/11/the-inability-to-recall-which-shoulder-was-hurt-damages-the-plaintiffs-case/In Fludd v Pena, a plaintiff's inability to recall which shoulder was injured and failure to complain about shoulder pain at IME severely damaged their case.Fri, 14 Nov 2014 19:45:42 GMT5102(d) issuesMedical Necessityhttps://jtnylaw.com/2014/11/permanent-causation-v-significant-limitaton-the-value-of-early-surgery/https://jtnylaw.com/2014/11/permanent-causation-v-significant-limitaton-the-value-of-early-surgery/Analysis of Sutliff v Qadar case examining permanent consequential vs significant limitation standards under 5102(d), highlighting the importance of early surgical intervention for personal injury claims.Fri, 14 Nov 2014 19:22:56 GMT5102(d) issuesCausationCoveragehttps://jtnylaw.com/2014/11/default-granted-where-answer-is-6-months-later/https://jtnylaw.com/2014/11/default-granted-where-answer-is-6-months-later/First Department demonstrates lenient approach to vacating default judgments based on law office failure, contrasting with Second Department's stricter stance on defaults.Fri, 14 Nov 2014 18:47:22 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2014/11/jursidictional-defect-it-really-isnt/https://jtnylaw.com/2014/11/jursidictional-defect-it-really-isnt/New York appellate court clarifies that procedural defects rarely constitute true jurisdictional defects under CPLR 5015(a)(4), making judgment vacatur extremely difficult.Fri, 14 Nov 2014 18:37:53 GMTJurisdictionhttps://jtnylaw.com/2014/10/a-hook-to-apply-unitrin-in-the-second-department-through-clennon/https://jtnylaw.com/2014/10/a-hook-to-apply-unitrin-in-the-second-department-through-clennon/Second Department case analysis applying Unitrin precedent through Clennon for EUO failures and provider scheduling requirements in NY no-fault insurance.Wed, 29 Oct 2014 14:00:11 GMTEUO issueshttps://jtnylaw.com/2014/10/looking-beyond-the-face-of-the-agreement/https://jtnylaw.com/2014/10/looking-beyond-the-face-of-the-agreement/Court finds fee-splitting arrangement violated Education Law, showing how contractual obligations can be challenged beyond no-fault insurance contexts.Tue, 28 Oct 2014 17:22:37 GMTMallela issueshttps://jtnylaw.com/2014/10/an-application-of-langan/https://jtnylaw.com/2014/10/an-application-of-langan/New York Court of Appeals applies Langan test for intentional loss coverage, examining accidents from insured's perspective in uninsured motorist claims.Tue, 28 Oct 2014 17:14:30 GMTCoverageIntentional losshttps://jtnylaw.com/2014/10/ime-and-euo-issues-under-unitrin/https://jtnylaw.com/2014/10/ime-and-euo-issues-under-unitrin/Court ruling on IME no-show denials under Unitrin precedent - insurer's right to retroactively deny claims when assignor fails to appear for scheduled examinationTue, 28 Oct 2014 16:22:56 GMTEUO issuesIME issueshttps://jtnylaw.com/2014/10/acupuncture-fee-schedule-defense-again/https://jtnylaw.com/2014/10/acupuncture-fee-schedule-defense-again/Court ruling shows evolution in acupuncture fee schedule defense standards, moving from procedural comparison requirements to simpler denial efficacy tests.Tue, 28 Oct 2014 15:48:34 GMTFee Schedulehttps://jtnylaw.com/2014/10/mailing-and-denial-issues/https://jtnylaw.com/2014/10/mailing-and-denial-issues/Court rules on no-fault insurance denial mailing issues in Urban Well Acupuncture v American Commerce, highlighting defective mailing proof and proper denial procedures.Tue, 28 Oct 2014 15:42:47 GMTMailingPreservation of defenses on NF-10https://jtnylaw.com/2014/10/abdandoned/https://jtnylaw.com/2014/10/abdandoned/New York's CPLR 3215(c) requires dismissal when plaintiffs fail to seek default judgment within one year, as demonstrated in Acupuncture Works v NYC Transit case.Tue, 28 Oct 2014 15:20:48 GMTDefaultshttps://jtnylaw.com/2014/10/vacatur-of-the-default-granted/https://jtnylaw.com/2014/10/vacatur-of-the-default-granted/First Department case analysis showing factors courts consider when vacating defaults, including reasonable excuse requirements and service issues in NY litigation.Tue, 28 Oct 2014 15:14:07 GMTDefaultshttps://jtnylaw.com/2014/10/a-questionable-release/https://jtnylaw.com/2014/10/a-questionable-release/Ford v Phillips case analysis examining a questionable personal injury release and burden shifting requirements in New York accident claims litigation.Tue, 28 Oct 2014 14:29:06 GMTProcedural Issueshttps://jtnylaw.com/2014/10/pf-nct-a-thought/https://jtnylaw.com/2014/10/pf-nct-a-thought/Long Island no-fault attorney discusses PF-NCT testing defenses including fraud, coding disputes, and EMG/NCV overlap in medical necessity cases.Tue, 14 Oct 2014 15:52:22 GMTMedical Necessityhttps://jtnylaw.com/2014/10/my-encounter-with-g0283/https://jtnylaw.com/2014/10/my-encounter-with-g0283/Long Island no-fault attorney discusses G0283 billing code replacing 97032 electrical stimulation and the need for prima facie burden of proof in fee schedule defenses.Tue, 07 Oct 2014 16:15:57 GMTFee Schedulehttps://jtnylaw.com/2014/10/disclosure-penalties-discussd/https://jtnylaw.com/2014/10/disclosure-penalties-discussd/NY court rules striking an answer is inappropriate when former employee leaves before litigation and corporate deposition becomes moot. Long Island & NYC discovery guide.Sat, 04 Oct 2014 18:37:30 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2014/10/those-tax-returns/https://jtnylaw.com/2014/10/those-tax-returns/Appeals court reverses $330,000 personal injury award after trial court improperly blocked cross-examination about plaintiff's fraudulent tax filings in New York case.Sat, 04 Oct 2014 18:31:18 GMTEvidencehttps://jtnylaw.com/2014/10/alroft-read-the-cited-to-decisions/https://jtnylaw.com/2014/10/alroft-read-the-cited-to-decisions/Two conflicting New York Civil Court decisions highlight ongoing debate over EUO no-show requirements and proper practice procedures in no-fault insurance cases.Sat, 04 Oct 2014 18:17:47 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2014/09/so-you-sued-the-tpa-and-not-the-insurance-carrier-now-what/https://jtnylaw.com/2014/09/so-you-sued-the-tpa-and-not-the-insurance-carrier-now-what/Analysis of B&R Consol. v Zurich case on suing TPAs vs insurance carriers, agency relationships, and vicarious liability under NY Insurance Law § 3420(b).Thu, 25 Sep 2014 02:48:53 GMTStandinghttps://jtnylaw.com/2014/09/peer-review-of-acupuncture-not-substantitated/https://jtnylaw.com/2014/09/peer-review-of-acupuncture-not-substantitated/New York court rules peer review report insufficient to deny acupuncture no-fault claims when review only addressed prior time period, not future treatments.Thu, 25 Sep 2014 02:34:10 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2014/09/default-not-granted-and-a-questionable-appeal/https://jtnylaw.com/2014/09/default-not-granted-and-a-questionable-appeal/Court grants extension to answer despite weak law office failure excuse. Attorney questions plaintiff's strategy of pursuing default instead of summary judgment.Thu, 25 Sep 2014 02:12:40 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2014/09/submit-order/https://jtnylaw.com/2014/09/submit-order/Court rules on 60-day submission deadline for proposed orders in NY litigation, explaining when 22 NYCRR 202.48 applies and procedural requirements.Wed, 17 Sep 2014 21:30:14 GMTProcedural Issueshttps://jtnylaw.com/2014/09/fee-schedule-in-new-jersey/https://jtnylaw.com/2014/09/fee-schedule-in-new-jersey/New Jersey fee schedule requirements for NY no-fault claims when providers perform services outside New York State under 11 NYCRR § 68.6 prevailing fee regulations.Wed, 17 Sep 2014 20:39:45 GMTFee Schedulehttps://jtnylaw.com/2014/09/all-in-one-debacle-is-not-good-law/https://jtnylaw.com/2014/09/all-in-one-debacle-is-not-good-law/Donoso v Motor Vehicle Accident Indemnification Corp challenges the "All in One" case law on medical necessity in no-fault insurance claims, showing poor precedent.Tue, 09 Sep 2014 19:27:17 GMTMedical Necessityhttps://jtnylaw.com/2014/09/disqualification-not-necessary-on-euo-no-show-case/https://jtnylaw.com/2014/09/disqualification-not-necessary-on-euo-no-show-case/Court rules disqualification of insurer's law firm was unnecessary in EUO no-show case where summary judgment was granted, making trial moot under NY no-fault law.Thu, 04 Sep 2014 23:07:02 GMTEUO issueshttps://jtnylaw.com/2014/08/venue/https://jtnylaw.com/2014/08/venue/Court dismisses venue change motion when defendant fails to prove plaintiff's improper venue choice with sufficient evidence beyond accident report.Fri, 29 Aug 2014 16:23:31 GMTVenuehttps://jtnylaw.com/2014/08/supplemental-affirmation-on-a-dj-case-acceptable-and-res-judicata-mandates-dismissal-of-complaint/https://jtnylaw.com/2014/08/supplemental-affirmation-on-a-dj-case-acceptable-and-res-judicata-mandates-dismissal-of-complaint/Court rules supplemental affirmation acceptable in DJ case and res judicata mandates dismissal of no-fault complaint after prior declaratory judgment ruling.Fri, 29 Aug 2014 16:10:56 GMTCoverageDeclaratory JudgmentsProcedural IssuesRes Judicatahttps://jtnylaw.com/2014/08/back-when-djs-roamed-the-earth/https://jtnylaw.com/2014/08/back-when-djs-roamed-the-earth/Ultimate Health Prods. v American Tr. Ins. Co. case analysis on declaratory judgment actions, res judicata, and no-fault insurance coverage disputes in New York courts.Fri, 29 Aug 2014 16:04:33 GMTCoverageDeclaratory JudgmentsProcedural IssuesRes Judicatahttps://jtnylaw.com/2014/08/a-case-better-left-unappealed/https://jtnylaw.com/2014/08/a-case-better-left-unappealed/When typos in court filings undermine insurance companies' coverage defenses, even simple clerical errors can have significant legal consequences in no-fault cases.Fri, 29 Aug 2014 16:00:18 GMTCoveragehttps://jtnylaw.com/2014/08/5211/https://jtnylaw.com/2014/08/5211/Natural Therapy Acupuncture v State Farm: Court sustains EUO no-show defense, reinforcing insurer burden of proof for scheduling letters and attorney presence.Fri, 29 Aug 2014 15:53:53 GMTEUO issuesPersonal knowledge of no-showReasonableness and standard of proofSufficiency of letters and requestsTimeliness of requestshttps://jtnylaw.com/2014/08/5207/https://jtnylaw.com/2014/08/5207/Court rules on physical therapy medical necessity denial based on chiropractor and physician IME reports, raising questions about cross-disciplinary treatment evaluations.Fri, 29 Aug 2014 15:47:59 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2014/08/verification-defense-upheld/https://jtnylaw.com/2014/08/verification-defense-upheld/NY court upholds verification defense in no-fault insurance case, ruling defendant need not prove verification letters weren't tampered with per Schozer precedent.Fri, 29 Aug 2014 15:44:04 GMTAdditional Verificationhttps://jtnylaw.com/2014/08/an-oral-notice-of-claim-is-deemed-sufficient-notice/https://jtnylaw.com/2014/08/an-oral-notice-of-claim-is-deemed-sufficient-notice/New York court rules oral notification sufficient for no-fault claims, raising questions about written notice requirements and trial strategy in insurance disputes.Thu, 28 Aug 2014 14:23:39 GMTTimely notice of claimhttps://jtnylaw.com/2014/08/hearsay/https://jtnylaw.com/2014/08/hearsay/Court ruling on limiting cross-examination of medical examiner regarding non-authoritative texts and hearsay evidence not admitted at trial.Thu, 28 Aug 2014 14:07:30 GMTEvidenceHearsayhttps://jtnylaw.com/2014/08/interest-ing/https://jtnylaw.com/2014/08/interest-ing/New York court rules on when statutory interest begins accruing on no-fault insurance claims - from filing or service of summons and complaint under CCA 412.Tue, 26 Aug 2014 14:23:46 GMTStatutory interesthttps://jtnylaw.com/2014/08/triangle-r-again/https://jtnylaw.com/2014/08/triangle-r-again/Court rejects insurer's attempt to pursue fraud depositions without properly preserving defenses, highlighting importance of timely claim denials in no-fault cases.Mon, 25 Aug 2014 14:15:13 GMTFraudhttps://jtnylaw.com/2014/08/landlord-tenant-of-interest-to-a-few-of-you/https://jtnylaw.com/2014/08/landlord-tenant-of-interest-to-a-few-of-you/New York landlord-tenant law case Guy v Washington on estoppel when landlords request early vacation and tenant compliance bars lease enforcement.Mon, 25 Aug 2014 14:06:57 GMTNo-Faulthttps://jtnylaw.com/2014/08/an-interesting-dissent-on-a-5102d-case/https://jtnylaw.com/2014/08/an-interesting-dissent-on-a-5102d-case/Appellate Term dissent in Vale v Floyd highlights critical errors in proving serious injury under Insurance Law 5102(d), including failure to establish normal range of motion baselines.Mon, 25 Aug 2014 13:59:03 GMT5102(d) issueshttps://jtnylaw.com/2014/08/another-3101d-case/https://jtnylaw.com/2014/08/another-3101d-case/New York appellate court reinforces strict compliance with CPLR 3101(d) expert disclosure rules, precluding witnesses disclosed after trial began without explanation.Thu, 21 Aug 2014 13:43:01 GMTEvidenceExpertshttps://jtnylaw.com/2014/08/death-knell-to-2309c/https://jtnylaw.com/2014/08/death-knell-to-2309c/Court of Appeals case on CPLR 2309(c) compliance for out-of-state affidavits in New York no-fault insurance litigation, establishing proper notarization standards.Wed, 20 Aug 2014 23:38:39 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2014/08/cplr-3101d-not-violated/https://jtnylaw.com/2014/08/cplr-3101d-not-violated/NY court rules CPLR 3101(d) expert disclosure violation doesn't require automatic preclusion without showing willfulness or significant prejudice to opposing party.Wed, 20 Aug 2014 23:24:05 GMTEvidenceExpertshttps://jtnylaw.com/2014/08/prima-facie-case-not-established/https://jtnylaw.com/2014/08/prima-facie-case-not-established/New York court ruling demonstrates how healthcare providers can fail to establish prima facie cases in no-fault insurance disputes by not proving timely payment or denial issues.Wed, 20 Aug 2014 22:54:36 GMTPrima Facie casehttps://jtnylaw.com/2014/08/ime-no-shows-reversed/https://jtnylaw.com/2014/08/ime-no-shows-reversed/Appellate Term clarifies burden of proof for insurers denying no-fault claims based on missed IMEs. Learn how proper documentation can reverse unfavorable trial court decisions.Wed, 20 Aug 2014 22:52:38 GMTNo-Faulthttps://jtnylaw.com/2014/08/there-is-no-policy-of-insurance-in-effect-the-standard-is-set-forth-below/https://jtnylaw.com/2014/08/there-is-no-policy-of-insurance-in-effect-the-standard-is-set-forth-below/New York court clarifies insurance companies don't need exhaustive documentation when proving no coverage exists, setting practical standards for no-fault cases.Wed, 20 Aug 2014 22:39:14 GMTCoverageNo Policy of Insurancehttps://jtnylaw.com/2014/08/wrong-carrier-again/https://jtnylaw.com/2014/08/wrong-carrier-again/Court dismisses no-fault case when healthcare provider sued wrong insurance carrier, highlighting importance of proper defendant identification in insurance claims.Wed, 20 Aug 2014 22:26:58 GMTCoveragehttps://jtnylaw.com/2014/08/a-citing-of-the-anti-fair-price-regulation/https://jtnylaw.com/2014/08/a-citing-of-the-anti-fair-price-regulation/Court analysis of Anti-Fair Price regulation's impact on no-fault insurance defenses and preclusion rules in New York personal injury cases.Wed, 20 Aug 2014 22:20:56 GMTFraudhttps://jtnylaw.com/2014/08/insufficient-proof-that-the-ime-letters-were-not-received/https://jtnylaw.com/2014/08/insufficient-proof-that-the-ime-letters-were-not-received/Court ruling on insufficient proof that IME scheduling letters were not received in NY no-fault insurance case, establishing mailing presumptions and burden of proof.Wed, 20 Aug 2014 22:00:23 GMTIME issuesMailinghttps://jtnylaw.com/2014/08/jules-said-he-is-not-bound-by-the-appellate-terms-holdings/https://jtnylaw.com/2014/08/jules-said-he-is-not-bound-by-the-appellate-terms-holdings/NYC Civil Court judge refuses expert testimony on hearsay grounds despite Appellate Term precedent requiring such testimony in no-fault medical necessity cases.Wed, 20 Aug 2014 21:50:56 GMTEvidenceExpertsHearsayMedical Necessityhttps://jtnylaw.com/2014/08/medical-necessity-reversals/https://jtnylaw.com/2014/08/medical-necessity-reversals/Two 2014 New York appellate decisions demonstrate how insurance companies can successfully challenge medical necessity claims when healthcare providers fail to properly rebut peer review reports.Wed, 20 Aug 2014 21:40:57 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2014/08/mvaic-default-vacatur-motion-denied/https://jtnylaw.com/2014/08/mvaic-default-vacatur-motion-denied/MVAIC default vacatur motion denied in Delta Diagnostic case. Court finds notarized claim form and police report sufficient proof of NY residency under Insurance Law § 5202.Wed, 20 Aug 2014 21:35:54 GMTNo-Faulthttps://jtnylaw.com/2014/08/new-york-central-mutual-has-got-tied-up-in-sound-shore-again/https://jtnylaw.com/2014/08/new-york-central-mutual-has-got-tied-up-in-sound-shore-again/New York Central Mutual tied up in Sound Shore case again - analysis of verification requests and procedural issues in no-fault insurance claims dispute between Mount Sinai Hospital and insurer.Thu, 14 Aug 2014 16:58:39 GMTAdditional Verificationhttps://jtnylaw.com/2014/08/reargument-granted-and-complaint-dismissed-under-pa-law/https://jtnylaw.com/2014/08/reargument-granted-and-complaint-dismissed-under-pa-law/New York court applies Pennsylvania insurance law to dismiss no-fault benefits claim where injured party was complicit in insurance fraud scheme.Wed, 13 Aug 2014 17:35:04 GMTChoice of lawCoveragehttps://jtnylaw.com/2014/08/acupuncture-paid-at-physician-rate-sustained-on-appeal/https://jtnylaw.com/2014/08/acupuncture-paid-at-physician-rate-sustained-on-appeal/New York appellate court sustains acupuncture provider's right to physician rates over chiropractor schedule in no-fault insurance fee dispute case analysis.Wed, 13 Aug 2014 17:30:33 GMTFee Schedulehttps://jtnylaw.com/2014/08/failure-to-appear-may-not-result-in-dismissal-with-prejudice/https://jtnylaw.com/2014/08/failure-to-appear-may-not-result-in-dismissal-with-prejudice/NY court rules that dismissal for failure to appear at conference should be without prejudice, not with prejudice, as it's not a determination on the merits.Thu, 07 Aug 2014 01:45:09 GMTDefaultshttps://jtnylaw.com/2014/08/5107/https://jtnylaw.com/2014/08/5107/Court rules delay letters requesting EUO without verification insufficient to toll 30-day payment deadline in NY no-fault insurance cases - key requirements explored.Thu, 07 Aug 2014 01:24:53 GMTEUO issuesReasonableness and standard of proofTimeliness of requestshttps://jtnylaw.com/2014/08/an-objective-basis-is-not-needed-again-to-schedule-an-euo/https://jtnylaw.com/2014/08/an-objective-basis-is-not-needed-again-to-schedule-an-euo/New York court rules insurers don't need objective basis to schedule EUO in no-fault cases. Flow Chiropractic v Travelers establishes carrier discretion.Thu, 07 Aug 2014 01:08:49 GMTEUO issueshttps://jtnylaw.com/2014/08/acupuncture-fee-schedule/https://jtnylaw.com/2014/08/acupuncture-fee-schedule/New York acupuncture fee schedule case analysis - chiropractor rate reductions, evaluation codes, and physical therapy billing issues in no-fault insurance claims.Thu, 07 Aug 2014 00:35:41 GMTFee Schedulehttps://jtnylaw.com/2014/07/ime-no-show-first-department-2/https://jtnylaw.com/2014/07/ime-no-show-first-department-2/First Department ruling establishes key standards for proving IME no-shows in no-fault cases, requiring proper notice and competent evidence of nonappearance.Tue, 22 Jul 2014 12:35:53 GMTIME issuesPersonal knowledge of no showSufficiency of lettershttps://jtnylaw.com/2014/07/walking-out-of-an-euo-leads-to-a-disclaimer-and-a-whole-lot-more/https://jtnylaw.com/2014/07/walking-out-of-an-euo-leads-to-a-disclaimer-and-a-whole-lot-more/Walking out of an EUO leads to disclaimer and coverage denial. Court rules insured who departed mid-examination breached policy conditions in NY no-fault case.Thu, 17 Jul 2014 22:23:43 GMTCoverageDeclaratory Judgment ActionEUO issuesPersonal knowledge of no-showProcedural IssuesReasonableness and standard of proofhttps://jtnylaw.com/2014/07/euo-no-show-sustained/https://jtnylaw.com/2014/07/euo-no-show-sustained/EUO no show sustained - Court grants summary judgment against medical provider when assignor failed to appear for scheduled Examination Under Oath in NY no-fault case.Tue, 08 Jul 2014 14:22:36 GMTDeclaratory JudgmentsEUO issueshttps://jtnylaw.com/2014/07/another-golia-on-the-bench/https://jtnylaw.com/2014/07/another-golia-on-the-bench/Attorney Jason Tenenbaum reflects on Hon. Donna Marie Golia joining the bench, following in her father Justice Joseph Golia's distinguished judicial footsteps.Mon, 07 Jul 2014 21:55:09 GMTNo-Faulthttps://jtnylaw.com/2014/07/discovery-sanction-of-dismissal-was-warranted/https://jtnylaw.com/2014/07/discovery-sanction-of-dismissal-was-warranted/New York court upholds dismissal of no-fault insurance case for willful discovery violations under CPLR 3126, demonstrating when drastic sanctions are warranted.Mon, 07 Jul 2014 21:45:51 GMTDiscoveryhttps://jtnylaw.com/2014/07/statute-of-limitations-defense-was-sol/https://jtnylaw.com/2014/07/statute-of-limitations-defense-was-sol/New York court rules on statute of limitations defense failure when defendant couldn't prove non-service despite claiming never receiving complaint.Mon, 07 Jul 2014 21:43:37 GMTStatute of Limitationshttps://jtnylaw.com/2014/07/surgery-was-done-so-well-that-plaintiff-lost-his-day-in-court/https://jtnylaw.com/2014/07/surgery-was-done-so-well-that-plaintiff-lost-his-day-in-court/New York court dismisses serious injury claim after successful shoulder surgery restored full range of motion, highlighting how effective medical treatment can defeat no-fault threshold cases.Mon, 07 Jul 2014 02:30:16 GMT5102(d) issueshttps://jtnylaw.com/2014/07/no-reasonable-excuse-found/https://jtnylaw.com/2014/07/no-reasonable-excuse-found/Court finds no reasonable excuse for default in no-fault declaratory judgment action where medical providers failed to respond despite proper service.Mon, 07 Jul 2014 02:14:59 GMTDeclaratory Judgment ActionEUO issuesProcedural Issueshttps://jtnylaw.com/2014/07/prima-facie-case/https://jtnylaw.com/2014/07/prima-facie-case/Court reaffirms essential elements of prima facie case in no-fault insurance claims, emphasizing medical providers must prove denial issues beyond just non-payment.Mon, 07 Jul 2014 02:08:41 GMTPrima Facie casehttps://jtnylaw.com/2014/07/timely-denials-necessary-and-a-citation-to-westchesterlincoln/https://jtnylaw.com/2014/07/timely-denials-necessary-and-a-citation-to-westchesterlincoln/New York court rules on timely denial requirements for IME/EUO no-show cases, questioning continued reliance on 2009 Westchester/Lincoln precedent despite newer case law.Mon, 07 Jul 2014 02:03:18 GMTEUO issuesIME issueshttps://jtnylaw.com/2014/07/partial-summary-judgment-declined-after-motion/https://jtnylaw.com/2014/07/partial-summary-judgment-declined-after-motion/NY court declines partial summary judgment in no-fault case, finding triable issues of fact regarding medical necessity of services despite defendant's cross-motion.Mon, 07 Jul 2014 01:56:41 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2014/07/an-alrof-citing/https://jtnylaw.com/2014/07/an-alrof-citing/SP Chiropractic v. IDS shows another court citing Alrof's flawed requirement for personal knowledge proof of EUO no-shows, highlighting ongoing insurance defense failures.Mon, 07 Jul 2014 01:48:19 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2014/07/where-did-4518-come-from/https://jtnylaw.com/2014/07/where-did-4518-come-from/New York Appellate Term references CPLR 4518 in no-fault mailing case, raising questions about business record foundations and evolving legal standards.Mon, 07 Jul 2014 01:14:25 GMTMailingProcedural Issueshttps://jtnylaw.com/2014/07/notice-of-entry-is-not-what-some-think-it-means/https://jtnylaw.com/2014/07/notice-of-entry-is-not-what-some-think-it-means/Court rules Notice of Entry requirement can nullify summary judgment orders in NY no-fault insurance cases, highlighting procedural pitfalls for providers and insurers.Mon, 07 Jul 2014 01:07:12 GMTProcedural IssuesRes JudicataSummary Judgment Issueshttps://jtnylaw.com/2014/06/the-absence-of-an-expert-is-fatal-to-prove-causation/https://jtnylaw.com/2014/06/the-absence-of-an-expert-is-fatal-to-prove-causation/New York court ruling: Plaintiff failed to prove causation in motor vehicle accident case without expert medical testimony establishing causal connection.Sat, 14 Jun 2014 03:41:21 GMTEvidenceExpertsHearsayhttps://jtnylaw.com/2014/06/no-show-substantiated/https://jtnylaw.com/2014/06/no-show-substantiated/Court upholds insurer's summary judgment when medical provider's assignor failed to appear for IMEs and EUOs despite proper notice mailing.Tue, 10 Jun 2014 01:54:29 GMTEUO issuesIME issueshttps://jtnylaw.com/2014/06/ground-rule-11/https://jtnylaw.com/2014/06/ground-rule-11/Analysis of Triumph Assoc. Physical Therapy v New York Central Mutual case addressing Ground Rule 11 fee schedule disputes and IME-based medical necessity denials in no-fault law.Tue, 10 Jun 2014 01:48:28 GMTFee ScheduleMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2014/06/stipulation-does-not-serve-as-collateral-estoppel/https://jtnylaw.com/2014/06/stipulation-does-not-serve-as-collateral-estoppel/Court ruling clarifies that stipulations don't create collateral estoppel in NY no-fault insurance cases, plus guidance on SIU file discovery and licensing compliance.Tue, 10 Jun 2014 01:37:42 GMTDiscoveryEBT IssuesProcedural IssuesStipulationshttps://jtnylaw.com/2014/06/verification/https://jtnylaw.com/2014/06/verification/Court ruling on verification request mailing requirements in NY no-fault insurance claims, establishing that delivery to USPS completes the request process.Tue, 10 Jun 2014 01:30:07 GMTAdditional Verificationhttps://jtnylaw.com/2014/06/another-ime-no-show-victory-shrowded-in-american-transit-citations/https://jtnylaw.com/2014/06/another-ime-no-show-victory-shrowded-in-american-transit-citations/Court victory for insurer after patient's IME no-show, featuring American Transit citations and analysis of denial rights in New York no-fault cases.Thu, 05 Jun 2014 02:22:53 GMTAdditional VerificationDeclaratory Judgment ActionIME issuesProcedural Issueshttps://jtnylaw.com/2014/06/a-triable-issue-of-fact/https://jtnylaw.com/2014/06/a-triable-issue-of-fact/Court ruling shows defendant raised triable issue of fact on 30-day denial period through additional verification timing, shifting burden from carriers.Thu, 05 Jun 2014 02:13:22 GMTAdditional VerificationMedical Necessityhttps://jtnylaw.com/2014/05/master-arbitrator-dachs-discusses-ids-v-stracar/https://jtnylaw.com/2014/05/master-arbitrator-dachs-discusses-ids-v-stracar/Master Arbitrator Dachs analyzes IDS v. Stracar on EUO compliance requirements, partial performance standards, and carrier response obligations in New York no-fault cases.Wed, 28 May 2014 15:56:32 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2014/05/follow-the-nf-5/https://jtnylaw.com/2014/05/follow-the-nf-5/Mount Sinai v Dust Tr. case analysis: verification requests sent before receiving NF-5 forms don't toll the 30-day payment period under NY no-fault law.Tue, 27 May 2014 03:04:42 GMTAdditional Verificationhttps://jtnylaw.com/2014/05/motion-to-strike-3212g-findings-denied/https://jtnylaw.com/2014/05/motion-to-strike-3212g-findings-denied/Court denies motion to strike CPLR 3212(g) findings in no-fault case, but leaves open question about plaintiff's appeal rights when judges refuse to make such findings.Tue, 27 May 2014 02:52:47 GMTPrima Facie caseProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2014/05/speak-your-mind-in-the-wrong-forum-it-will-cost-you-in-so-many-ways-fail-to-supervise-your-employees-a-price-will-be-paid/https://jtnylaw.com/2014/05/speak-your-mind-in-the-wrong-forum-it-will-cost-you-in-so-many-ways-fail-to-supervise-your-employees-a-price-will-be-paid/Court sanctions attorney for inappropriate brief language criticizing Appellate Term decisions and discusses employer liability for inadequate legal supervision in NY insurance cases.Fri, 16 May 2014 23:58:07 GMTEvidenceHearsayProcedural Issueshttps://jtnylaw.com/2014/05/collateral-estoppel-again/https://jtnylaw.com/2014/05/collateral-estoppel-again/Clark v Farmers case explores collateral estoppel doctrine preventing relitigation of serious injury claims in NY no-fault and SUM insurance actions.Fri, 16 May 2014 03:41:49 GMTProcedural IssuesRes Judicatahttps://jtnylaw.com/2014/05/medical-provider-cannot-demand-that-fraud-and-rico-matter-be-heard-in-arbitration/https://jtnylaw.com/2014/05/medical-provider-cannot-demand-that-fraud-and-rico-matter-be-heard-in-arbitration/Medical providers cannot compel arbitration for fraud and RICO claims against insurers, Second Circuit rules in Allstate v. Mun case analysis.Tue, 06 May 2014 22:37:40 GMTArbitrationshttps://jtnylaw.com/2014/04/4975/https://jtnylaw.com/2014/04/4975/Second Department affirms declaratory judgment for insurer after medical provider failed to appear for two examinations under oath, establishing material breach of no-fault policy.Thu, 01 May 2014 03:36:30 GMTDeclaratory Judgment ActionEUO issuesProcedural Issueshttps://jtnylaw.com/2014/04/trial-de-novo-reqires-each-award-to-be-equal-to-or-greater-than-5000/https://jtnylaw.com/2014/04/trial-de-novo-reqires-each-award-to-be-equal-to-or-greater-than-5000/Trial de novo requires awards of $5,000+ for plenary judicial review in New York no-fault insurance cases, per Insurance Law § 5106(b).Thu, 01 May 2014 03:12:51 GMTDeclaratory Judgment ActionDeclaratory JudgmentsProcedural Issueshttps://jtnylaw.com/2014/04/non-receipt-of-verification-not-proven/https://jtnylaw.com/2014/04/non-receipt-of-verification-not-proven/New York no-fault case: E4 Services v Lincoln General - court rules denial of receipt alone insufficient to rebut mailing presumption, requires proof of improper procedures.Thu, 01 May 2014 02:28:51 GMTAdditional Verificationhttps://jtnylaw.com/2014/04/add-this-to-the-mix-of-why-the-120-day-rule-or-60-day-rule-should-not-apply-to-civil-court-msj/https://jtnylaw.com/2014/04/add-this-to-the-mix-of-why-the-120-day-rule-or-60-day-rule-should-not-apply-to-civil-court-msj/Civil Court decision highlights inconsistency in how pro se litigants are treated under procedural rules, particularly regarding summary judgment motion deadlines.Fri, 25 Apr 2014 17:33:22 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2014/04/how-huntingtontravelers-can-play-out/https://jtnylaw.com/2014/04/how-huntingtontravelers-can-play-out/Legal strategies for defending multiple no-fault insurance cases from the same assignor after Huntington v. Travelers decision, including special interrogatories tactics.Sat, 19 Apr 2014 19:11:05 GMTProcedural IssuesRes Judicatahttps://jtnylaw.com/2014/04/alrof-citing-again-never-a-good-thing/https://jtnylaw.com/2014/04/alrof-citing-again-never-a-good-thing/Court cites problematic Alrof precedent again for EUO no-shows, highlighting ongoing issues with personal knowledge requirements in no-fault insurance cases.Sat, 19 Apr 2014 18:43:48 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2014/04/verdict-sustaining-that-the-loss-was-intentional-sustained/https://jtnylaw.com/2014/04/verdict-sustaining-that-the-loss-was-intentional-sustained/NY court upholds jury verdict finding motor vehicle collision was intentionally caused, denying plaintiff's motion for judgment as matter of law in no-fault case.Sat, 19 Apr 2014 18:37:17 GMTCoverageIntentional losshttps://jtnylaw.com/2014/04/additional-verification-issue/https://jtnylaw.com/2014/04/additional-verification-issue/NY Appellate Term reverses summary judgment in medical provider case, finding triable issues of fact regarding whether additional verification requests were properly responded to.Sat, 19 Apr 2014 18:28:17 GMTAdditional Verificationhttps://jtnylaw.com/2014/04/policy-can-be-rescined-under-pa-law-proof-insufficient-as-to-particular-assignor/https://jtnylaw.com/2014/04/policy-can-be-rescined-under-pa-law-proof-insufficient-as-to-particular-assignor/PA law policy rescission case - insufficient proof against assignor in NY no-fault insurance fraud claim. Delta Diagnostic v Infinity Group 2014 decision analysis.Sat, 19 Apr 2014 18:18:45 GMTChoice of lawCoverageMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2014/04/no-show-proved-through-certified-transcripts/https://jtnylaw.com/2014/04/no-show-proved-through-certified-transcripts/Learn how certified EUO transcripts can prove no-shows in New York no-fault insurance cases, as demonstrated in Active Chiropractic v Praetorian Insurance.Sat, 19 Apr 2014 18:14:25 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2014/04/ime-no-show-denial-timely-where-verification-requested-after-no-show/https://jtnylaw.com/2014/04/ime-no-show-denial-timely-where-verification-requested-after-no-show/Court ruling clarifies timing requirements for IME no-show denials when verification is requested after the missed appointment in New York no-fault insurance cases.Sat, 19 Apr 2014 17:55:31 GMTAdditional VerificationIME issueshttps://jtnylaw.com/2014/04/plaintiffs-medical-records-are-admissible-by-defendant-absent-dispute-regarding-accuracy-or-veracity/https://jtnylaw.com/2014/04/plaintiffs-medical-records-are-admissible-by-defendant-absent-dispute-regarding-accuracy-or-veracity/Court ruling establishes that plaintiff's uncertified medical records are admissible when accuracy isn't disputed, offering cleaner evidentiary approach than current hearsay constructs.Sat, 19 Apr 2014 17:19:11 GMTEvidenceExpertsHearsayhttps://jtnylaw.com/2014/04/stipulated-to-defeat/https://jtnylaw.com/2014/04/stipulated-to-defeat/Court ruling on medical necessity burden shifting in no-fault insurance case where contemporaneous treatment notes defeat IME testimony in Nassau County trial.Mon, 14 Apr 2014 22:04:29 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2014/04/the-articulable-need-test-for-a-provider-ebt-on-a-medical-necessity-case/https://jtnylaw.com/2014/04/the-articulable-need-test-for-a-provider-ebt-on-a-medical-necessity-case/New York court ruling shows that provider depositions in no-fault cases require "articulable need" - even minimal disclosure may suffice to block EBT motions.Fri, 11 Apr 2014 16:07:31 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2014/04/bad-faith/https://jtnylaw.com/2014/04/bad-faith/Court rules insurer's settlement decision was mistake in judgment, not bad faith, despite significant damages potential in GM case.Wed, 09 Apr 2014 04:13:03 GMTBad Faithhttps://jtnylaw.com/2014/04/this-one-is-wrong/https://jtnylaw.com/2014/04/this-one-is-wrong/Court incorrectly applies res judicata in no-fault case where different treatment periods and lack of specific findings should prevent collateral estoppel application.Wed, 09 Apr 2014 04:03:33 GMTRes Judicatahttps://jtnylaw.com/2014/04/mailing-from-the-court-of-appeals-kind-of-important/https://jtnylaw.com/2014/04/mailing-from-the-court-of-appeals-kind-of-important/Court of Appeals ruling on Preferred Mutual v Donnelly establishes less restrictive test for insurance mailing requirements and proper notice procedures.Fri, 04 Apr 2014 00:14:19 GMTMailinghttps://jtnylaw.com/2014/04/ime-no-show-run-amuck/https://jtnylaw.com/2014/04/ime-no-show-run-amuck/Court ruling on IME no-shows highlights timing issues with claim denials in no-fault insurance cases, showing the complexity of procedural requirements.Thu, 03 Apr 2014 03:10:19 GMTIME issueshttps://jtnylaw.com/2014/04/peer-review-testimony-is-admissible-and-sufficient/https://jtnylaw.com/2014/04/peer-review-testimony-is-admissible-and-sufficient/Court ruling clarifies that peer review testimony with independent medical record analysis can establish lack of medical necessity in no-fault insurance disputes.Thu, 03 Apr 2014 03:03:20 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2014/04/the-60-day-rule-that-was-never-published-in-the-law-journal/https://jtnylaw.com/2014/04/the-60-day-rule-that-was-never-published-in-the-law-journal/Court applies unpublished 60-day summary judgment rule in Civil Court case, raising procedural questions about timing limits and Second Department review needed.Thu, 03 Apr 2014 02:55:56 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2014/04/ime-no-show-court-refused-to-follow-appellate-division-standards/https://jtnylaw.com/2014/04/ime-no-show-court-refused-to-follow-appellate-division-standards/Court refused to follow Appellate Division standards in IME no-show case, incorrectly ruling on mailing requirements and attorney representation burden.Thu, 03 Apr 2014 02:45:21 GMTIME issueshttps://jtnylaw.com/2014/04/a-prima-facie-case-not-too-much-needed/https://jtnylaw.com/2014/04/a-prima-facie-case-not-too-much-needed/Court affirms that third-party biller testimony alone can establish prima facie case in no-fault insurance disputes, following Viviane Etienne precedent.Thu, 03 Apr 2014 02:33:34 GMTPrima Facie casehttps://jtnylaw.com/2014/03/the-rambling-man-does-not-meet-burden-of-lack-of-medical-necessity-at-trial/https://jtnylaw.com/2014/03/the-rambling-man-does-not-meet-burden-of-lack-of-medical-necessity-at-trial/Court rejects insurance company's confused medical expert testimony in no-fault case, showing that unopposed evidence must still meet basic quality standards.Wed, 26 Mar 2014 04:03:46 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2014/03/declaratory-judgment-action-given-preclusive-effect/https://jtnylaw.com/2014/03/declaratory-judgment-action-given-preclusive-effect/Court ruling demonstrates how declaratory judgments can preclude subsequent no-fault insurance claims arising from the same accident, establishing binding legal precedent.Wed, 26 Mar 2014 03:58:56 GMTDeclaratory Judgment ActionProcedural Issueshttps://jtnylaw.com/2014/03/another-civil-kings-judge-gets-reversed-for-deciding-that-great-wall-does-not-apply/https://jtnylaw.com/2014/03/another-civil-kings-judge-gets-reversed-for-deciding-that-great-wall-does-not-apply/Kings County judge reversed again for rejecting Great Wall acupuncture fee schedule ruling. Appellate Term upholds chiropractor rate limitations for acupuncture services.Wed, 26 Mar 2014 03:54:14 GMTFee Schedulehttps://jtnylaw.com/2014/03/defendant-is-mistaken/https://jtnylaw.com/2014/03/defendant-is-mistaken/Court ruling shows insurance companies can't use IME no-shows as defense if they failed to timely deny claims, highlighting procedural requirements in no-fault cases.Wed, 26 Mar 2014 03:45:52 GMTIME issueshttps://jtnylaw.com/2014/03/comp-defense-succeeds-but-medical-necessity-defense-falters/https://jtnylaw.com/2014/03/comp-defense-succeeds-but-medical-necessity-defense-falters/Court rules fee schedule defense succeeds with employee affidavit but medical necessity defense fails when plaintiff submits sworn letter from treating chiropractorWed, 26 Mar 2014 03:41:51 GMTFee ScheduleMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2014/03/mailing-challenge-unpreserved/https://jtnylaw.com/2014/03/mailing-challenge-unpreserved/Court dismisses mailing challenge raised for first time on appeal in no-fault insurance case, emphasizing importance of preserving legal arguments at trial level.Wed, 26 Mar 2014 03:33:21 GMTMailinghttps://jtnylaw.com/2014/03/premature-summary-judgment-motion/https://jtnylaw.com/2014/03/premature-summary-judgment-motion/Court rules defendant's summary judgment motion premature when plaintiff lacks discovery needed to oppose medical necessity denial in no-fault insurance case.Wed, 26 Mar 2014 03:23:12 GMTDiscoveryMedical Necessityhttps://jtnylaw.com/2014/03/interesting-snooze-and-lose/https://jtnylaw.com/2014/03/interesting-snooze-and-lose/NY appellate court rules that no-fault providers who delay lawsuits 7+ years lose statutory interest windfall, ending "snooze and lose" practice.Wed, 26 Mar 2014 03:09:12 GMTStatutory interesthttps://jtnylaw.com/2014/03/prima-facie-post-etienne/https://jtnylaw.com/2014/03/prima-facie-post-etienne/Eagle Surgical Supply v Allstate case establishes methods for proving prima facie cases in NY no-fault insurance claims using NF-10 denial forms as evidence.Tue, 18 Mar 2014 17:43:43 GMTPrima Facie casehttps://jtnylaw.com/2014/03/material-misrepresentation-via-florida-law/https://jtnylaw.com/2014/03/material-misrepresentation-via-florida-law/Florida court case on material misrepresentation in no-fault insurance applications and ab initio policy cancellation requirements under Florida law.Tue, 18 Mar 2014 17:40:22 GMTCoverageMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2014/03/a-re-submission-will-not-get-you-anywhere/https://jtnylaw.com/2014/03/a-re-submission-will-not-get-you-anywhere/New York court confirms that resubmitting the same no-fault insurance claim does not restart the 30-day payment deadline, rejecting a common provider strategy.Tue, 18 Mar 2014 17:31:14 GMTResubmissionhttps://jtnylaw.com/2014/03/workers-compensation-primacy/https://jtnylaw.com/2014/03/workers-compensation-primacy/New York court clarifies that only a triable issue of fact regarding employment status is needed to refer workers compensation cases to the Workers Compensation Board.Tue, 18 Mar 2014 17:20:26 GMTWorkers Compensationhttps://jtnylaw.com/2014/03/fraudulent-procurement-and-preclusuion/https://jtnylaw.com/2014/03/fraudulent-procurement-and-preclusuion/New York no-fault insurance law addresses when carriers can raise fraudulent procurement defenses and timing requirements under the 30-day pay or deny rule.Tue, 18 Mar 2014 17:17:08 GMTCoverageFraudMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2014/03/euo-no-show-not-timely/https://jtnylaw.com/2014/03/euo-no-show-not-timely/Court rules insurance carrier failed to prove timely EUO requests, highlighting critical procedural requirements in no-fault insurance defense cases.Tue, 18 Mar 2014 17:02:46 GMTEUO issueshttps://jtnylaw.com/2014/03/marked-off-and-cannot-be-dismissed-on-motion/https://jtnylaw.com/2014/03/marked-off-and-cannot-be-dismissed-on-motion/New York Civil Court cases marked off the calendar cannot be dismissed under CPLR 3404, but may remain dormant indefinitely without revival options.Tue, 18 Mar 2014 17:01:16 GMT3404Procedural Issueshttps://jtnylaw.com/2014/03/biomechanical-engineer-allowed-to-testify/https://jtnylaw.com/2014/03/biomechanical-engineer-allowed-to-testify/Landmark 2014 Vargas v Sabri case allows biomechanical engineers to testify on motor vehicle accident causation without medical credentials in New York courts.Tue, 18 Mar 2014 16:55:15 GMTCausationCoverageEvidenceExpertshttps://jtnylaw.com/2014/03/2309c-dead-for-now-maybe-and-the-out-of-state-insurer-issue/https://jtnylaw.com/2014/03/2309c-dead-for-now-maybe-and-the-out-of-state-insurer-issue/Analysis of CPLR 2309(c) certificate of conformity requirements for out-of-state affidavits in New York no-fault insurance litigation and recent court decisions.Wed, 05 Mar 2014 14:56:20 GMT2106 and 2309CoverageProcedural Issueshttps://jtnylaw.com/2014/02/ime-no-show-upheld-based-upon-dj-case-law/https://jtnylaw.com/2014/02/ime-no-show-upheld-based-upon-dj-case-law/Court upholds IME no-show defense using declaratory judgment case law precedent in New York no-fault insurance litigation, demonstrating retroactive claim denial rights.Fri, 28 Feb 2014 23:08:18 GMTIME issuesPersonal knowledge of no showProperly scheduledhttps://jtnylaw.com/2014/02/stay-not-granted-in-declaratory-judgment-action/https://jtnylaw.com/2014/02/stay-not-granted-in-declaratory-judgment-action/Court denies stay in declaratory judgment action due to insufficient overlap between parties in separate proceedings under CPLR 2201.Wed, 26 Feb 2014 23:07:37 GMTDeclaratory Judgment ActionProcedural Issueshttps://jtnylaw.com/2014/02/summary-judgment-is-limited-to-what-is-pleaded-upon-the-moving-papers/https://jtnylaw.com/2014/02/summary-judgment-is-limited-to-what-is-pleaded-upon-the-moving-papers/Court ruling clarifies that summary judgment motions are limited to specific pleadings, requiring defendants only address claims actually raised in no-fault cases.Wed, 26 Feb 2014 22:53:34 GMTPreservation of defenses on NF-10Prima Facie casehttps://jtnylaw.com/2014/02/disclosure/https://jtnylaw.com/2014/02/disclosure/Court ruling on discovery scope in personal injury cases, covering physician-patient privilege waiver limits and proper use of reply papers in motion practice.Wed, 26 Feb 2014 22:48:26 GMTBill of Particulars issuesDiscoveryhttps://jtnylaw.com/2014/02/discontinuance-without-prejudice/https://jtnylaw.com/2014/02/discontinuance-without-prejudice/Court rules on voluntary discontinuance without prejudice in insurance case, discussing plaintiff's right to forum shopping and procedural requirements under CPLR 3217.Sat, 22 Feb 2014 17:02:25 GMTDiscontinuanceshttps://jtnylaw.com/2014/02/waiver-of-right-to-arbitrate/https://jtnylaw.com/2014/02/waiver-of-right-to-arbitrate/Court ruling on waiver of arbitration rights through litigation conduct, including counterclaims and participation factors in New York insurance disputes.Sat, 22 Feb 2014 16:37:07 GMTArbitrationshttps://jtnylaw.com/2014/02/trial-de-novo-granted-and-declaration-of-non-coverage-granted/https://jtnylaw.com/2014/02/trial-de-novo-granted-and-declaration-of-non-coverage-granted/Nassau County court grants trial de novo and declares no coverage in Allstate v. Phelps case, finding stroke treatment unrelated to motor vehicle accident.Fri, 21 Feb 2014 23:58:18 GMTArbitrationsArticle 75CausationCoveragehttps://jtnylaw.com/2014/02/general-non-cooperation-denial-held-to-be-timely-despite-it-being-issued-quite-untimely/https://jtnylaw.com/2014/02/general-non-cooperation-denial-held-to-be-timely-despite-it-being-issued-quite-untimely/Court upholds insurer's general non-cooperation denial despite untimely issuance when insured showed pattern of sporadic cooperation mixed with obstruction.Fri, 21 Feb 2014 23:08:46 GMTEUO issuesGeneral non-cooperationhttps://jtnylaw.com/2014/02/the-vague-and-conclusory-denial-again/https://jtnylaw.com/2014/02/the-vague-and-conclusory-denial-again/Court ruling on no-fault insurance denial defects: minor errors in claim amounts don't invalidate NF-10 denials, peer review reports not required at time of denial.Fri, 21 Feb 2014 22:40:23 GMT2106 and 2309Hypo-technical defectsProcedural Issueshttps://jtnylaw.com/2014/02/late-motion-to-strike-note-of-issue-can-be-considered/https://jtnylaw.com/2014/02/late-motion-to-strike-note-of-issue-can-be-considered/Court rules that late motions to strike note of issue can still be considered when certificate of readiness contains material misstatements or good cause is shown.Sat, 15 Feb 2014 20:36:30 GMTDiscoveryNotice of Trial issueshttps://jtnylaw.com/2014/02/lost-wage-claim-requires-affirmative-proof-of-disability/https://jtnylaw.com/2014/02/lost-wage-claim-requires-affirmative-proof-of-disability/Lost wage claims in NY no-fault insurance require medical testimony proving disability and non-speculative income evidence. Court analysis of Gordon v Chubb case.Tue, 11 Feb 2014 23:06:50 GMTPrima Facie casehttps://jtnylaw.com/2014/02/existence-of-insurance-coverage-does-not-defeat-summary-judgment-motion/https://jtnylaw.com/2014/02/existence-of-insurance-coverage-does-not-defeat-summary-judgment-motion/New York court ruling confirms insurance coverage existence doesn't defeat summary judgment motions in medical debt cases, establishing patient liability principles.Tue, 11 Feb 2014 22:42:40 GMTProcedural Issueshttps://jtnylaw.com/2014/02/euo-no-show-substantiated/https://jtnylaw.com/2014/02/euo-no-show-substantiated/Natural Therapy Acupuncture v State Farm: Court upholds EUO no-show denial when insurer proves proper notice and attorney confirms plaintiff's failure to appear.Tue, 11 Feb 2014 22:32:40 GMTDiscoveryEUO issuesPersonal knowledge of no-showReasonableness and standard of proofhttps://jtnylaw.com/2014/02/another-peer-hearsay-case-2/https://jtnylaw.com/2014/02/another-peer-hearsay-case-2/New York court upholds admission of doctor's peer review testimony on medical necessity despite hearsay objections in no-fault insurance case.Tue, 11 Feb 2014 22:27:58 GMTEvidenceHearsayMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2014/02/staten-island-chiro-what-a-web-you-weaved-and-what-a-great-investigation-we-did/https://jtnylaw.com/2014/02/staten-island-chiro-what-a-web-you-weaved-and-what-a-great-investigation-we-did/Staten Island Chiropractic case reveals successful EUO investigation uncovering fee splitting violations and cooperation failures in New York no-fault insurance claims.Sun, 09 Feb 2014 05:10:24 GMTEUO issueshttps://jtnylaw.com/2014/02/peer-report-is-sufficient-to-prima-facie-prove-lack-of-serious-injury-ins-law-sec-5102d/https://jtnylaw.com/2014/02/peer-report-is-sufficient-to-prima-facie-prove-lack-of-serious-injury-ins-law-sec-5102d/Fourth Department ruling confirms peer review expert reports can establish prima facie defense against serious injury claims under NY Insurance Law Section 5102(d).Sat, 08 Feb 2014 22:54:22 GMT5102(d) issuesEvidenceExpertshttps://jtnylaw.com/2014/02/attorney-drafted-3101d-in-malpractice-action-insufficient-to-defeat-summary-judgment/https://jtnylaw.com/2014/02/attorney-drafted-3101d-in-malpractice-action-insufficient-to-defeat-summary-judgment/First Department Court rejects attorney-drafted expert disclosure in medical malpractice case, highlighting the need for proper evidentiary foundation in summary judgment motions.Sat, 08 Feb 2014 22:44:45 GMTEvidenceExpertshttps://jtnylaw.com/2014/02/a-chiropractor-may-manipulate-areas-other-than-the-vertebral-column/https://jtnylaw.com/2014/02/a-chiropractor-may-manipulate-areas-other-than-the-vertebral-column/NY court ruling on chiropractor scope of practice beyond spinal manipulation in no-fault insurance cases. Impact on Willets Point precedent and treatment coverage.Sat, 08 Feb 2014 22:38:58 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2014/02/no-personal-knowledge-of-the-practice-and-procedure-to-mail-suspension-notice/https://jtnylaw.com/2014/02/no-personal-knowledge-of-the-practice-and-procedure-to-mail-suspension-notice/Court vacates aggravated unlicensed operation conviction due to insufficient proof of proper DMV mailing procedures and lack of personal knowledge testimony.Thu, 06 Feb 2014 02:25:08 GMTMailinghttps://jtnylaw.com/2014/02/another-prima-facie-again/https://jtnylaw.com/2014/02/another-prima-facie-again/Court ruling demonstrates how insurance companies waive their right to challenge claim form deficiencies if not raised during initial claims process.Thu, 06 Feb 2014 02:14:07 GMTPrima Facie casehttps://jtnylaw.com/2014/02/a-formulation-of-a-prima-facie-case/https://jtnylaw.com/2014/02/a-formulation-of-a-prima-facie-case/Court ruling shows how healthcare providers can establish prima facie cases in no-fault insurance disputes by proving proper billing submission and insurer's failure to respond.Thu, 06 Feb 2014 02:07:06 GMTPrima Facie casehttps://jtnylaw.com/2014/02/another-prima-facie-case-refining-etienne/https://jtnylaw.com/2014/02/another-prima-facie-case-refining-etienne/Court case refines prima facie requirements for no-fault insurance claims, clarifying medical providers don't need business records exception proof in NY.Thu, 06 Feb 2014 01:53:55 GMTPrima Facie casehttps://jtnylaw.com/2014/02/notice-of-trial-stricken/https://jtnylaw.com/2014/02/notice-of-trial-stricken/Court strikes Notice of Trial due to false certificate of readiness and denies protective order motion filed after discovery certification was complete.Wed, 05 Feb 2014 03:29:42 GMTDiscoveryNotice of Trial issueshttps://jtnylaw.com/2014/02/mvaic-should-have-sought-the-information-through-verification/https://jtnylaw.com/2014/02/mvaic-should-have-sought-the-information-through-verification/MVAIC case establishes insurers must seek coverage information through verification before challenging qualified person status in NY no-fault claimsMon, 03 Feb 2014 23:58:38 GMTCoveragehttps://jtnylaw.com/2014/01/punted/https://jtnylaw.com/2014/01/punted/Second Department punts on Unitrin issue in Westchester v. GEICO, noting coverage challenge improperly raised on appeal while awaiting clarity from other courts.Thu, 30 Jan 2014 19:48:15 GMTCoverageEUO issuesIME issueshttps://jtnylaw.com/2014/01/declaratory-judgment-res-judicata-no-fault-cases/https://jtnylaw.com/2014/01/declaratory-judgment-res-judicata-no-fault-cases/Learn how insurance companies use declaratory judgment actions to avoid paying no-fault benefits. Expert legal analysis from Jason Tenenbaum. Call 516-750-0595.Thu, 30 Jan 2014 19:26:14 GMTRes Judicatahttps://jtnylaw.com/2014/01/cplr-2004-allows-an-order-to-show-cause-to-be-served-tardy-first-holding-for-this-proposition-of-law/https://jtnylaw.com/2014/01/cplr-2004-allows-an-order-to-show-cause-to-be-served-tardy-first-holding-for-this-proposition-of-law/Third Department rules CPLR 2004 allows courts to extend order to show cause service deadlines retroactively, establishing new precedent for tardy service extensions.Thu, 23 Jan 2014 00:00:16 GMTProcedural Issueshttps://jtnylaw.com/2014/01/potential-sewer-service-traverse-sustained-and-complaint-dismissed/https://jtnylaw.com/2014/01/potential-sewer-service-traverse-sustained-and-complaint-dismissed/Appeals court overturns lower court's ruling on proper service, dismissing complaint after finding witness testimony demonstrably false in sewer service case.Wed, 22 Jan 2014 23:54:56 GMTProcedural Issueshttps://jtnylaw.com/2014/01/court-ordered-stays-new-york-legal-proceedings-government-employees-insurance-avanguard-medical/https://jtnylaw.com/2014/01/court-ordered-stays-new-york-legal-proceedings-government-employees-insurance-avanguard-medical/Expert analysis of court-ordered stays in New York legal proceedings. Government Employees Insurance Co. v Avanguard Medical case review by Long Island attorneys.Mon, 13 Jan 2014 22:30:45 GMTProcedural Issueshttps://jtnylaw.com/2014/01/so-what-did-the-second-department-mean/https://jtnylaw.com/2014/01/so-what-did-the-second-department-mean/Second Department's Interboro v Clennon decision analysis on no-fault EUO compliance and material breach standards for Long Island personal injury attorneys.Fri, 10 Jan 2014 04:29:39 GMTDeclaratory Judgment ActionEUO issuesPersonal knowledge of no-showProcedural IssuesReasonableness and standard of proofSufficiency of letters and requestsTimeliness of requestshttps://jtnylaw.com/2014/01/major-medical-provider-does-not-have-standing-to-bring-action-against-no-fault-carrier/https://jtnylaw.com/2014/01/major-medical-provider-does-not-have-standing-to-bring-action-against-no-fault-carrier/Court ruling explores complex standing issues when major medical providers attempt to pursue no-fault insurance claims through assignment of rights.Tue, 07 Jan 2014 04:40:29 GMTStandinghttps://jtnylaw.com/2014/01/a-30-day-notice-case-that-went-to-trial/https://jtnylaw.com/2014/01/a-30-day-notice-case-that-went-to-trial/Expert analysis of Medical Select v Allstate - Nassau County case on 30-day notice requirements. Long Island no-fault attorney Jason Tenenbaum explains regulatory compliance issues. Call 516-750-0595.Tue, 07 Jan 2014 03:54:23 GMTTimely notice of claimhttps://jtnylaw.com/2014/01/a-motion-for-summary-judgment-is-denied-pending-disclosure/https://jtnylaw.com/2014/01/a-motion-for-summary-judgment-is-denied-pending-disclosure/New York court denies summary judgment in no-fault case where plaintiff timely requested but didn't receive peer review reports and medical documentation from defendant insurer.Tue, 07 Jan 2014 03:24:10 GMTDiscoveryMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2014/01/ime-cutoff-dme-timing-matters-guide/https://jtnylaw.com/2014/01/ime-cutoff-dme-timing-matters-guide/Learn how IME timing affects DME coverage in NY no-fault insurance. Expert guidance on prescription vs. acquisition rules. Call 516-750-0595.Tue, 07 Jan 2014 03:01:12 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2014/01/euo-denial-substantiated-guide/https://jtnylaw.com/2014/01/euo-denial-substantiated-guide/Learn when insurance companies can deny coverage for EUO non-compliance. Expert legal guidance on examination under oath requirements in NY. Call 516-750-0595.Tue, 07 Jan 2014 02:58:51 GMTEUO issuesPersonal knowledge of no-showReasonableness and standard of proofhttps://jtnylaw.com/2013/12/4614/https://jtnylaw.com/2013/12/4614/New York court ruling on MUA expert testimony qualifications in no-fault insurance cases, examining when medical experts can testify outside specialty areas.Sun, 29 Dec 2013 01:55:07 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2013/12/medical-necessity-disputes-in-major-medical-disputes-msy-be-raised-at-any-time/https://jtnylaw.com/2013/12/medical-necessity-disputes-in-major-medical-disputes-msy-be-raised-at-any-time/New York courts require competent expert medical proof to challenge medical necessity in no-fault insurance disputes, with fair and reasonable charges being key factors.Sun, 29 Dec 2013 01:39:34 GMTFee ScheduleMedical Necessityhttps://jtnylaw.com/2013/12/first-application-of-etienne/https://jtnylaw.com/2013/12/first-application-of-etienne/Analysis of Westchester Med. Ctr. v Allstate, the first application of the Etienne prima facie standard in New York no-fault insurance claims.Sun, 29 Dec 2013 01:25:27 GMTAdditional VerificationPrima Facie casehttps://jtnylaw.com/2013/12/how-come-there-have-been-no-new-master-arbitration-decisions-posted-on-aaas-website-since-october-15-2013/https://jtnylaw.com/2013/12/how-come-there-have-been-no-new-master-arbitration-decisions-posted-on-aaas-website-since-october-15-2013/Attorney questions why AAA stopped posting master arbitration decisions after October 2013, highlighting the importance of these decisions for no-fault insurance practitioners.Tue, 24 Dec 2013 15:49:50 GMTArbitrationshttps://jtnylaw.com/2013/12/what-is-a-prima-facie-case-i-still-am-unsure/https://jtnylaw.com/2013/12/what-is-a-prima-facie-case-i-still-am-unsure/Learn what constitutes a prima facie case in New York no-fault insurance litigation. Analysis of Viviane Etienne case and burden of proof requirements for summary judgment.Fri, 20 Dec 2013 06:01:41 GMTNo-Faulthttps://jtnylaw.com/2013/12/there-was-no-long-arm-jurisdiction/https://jtnylaw.com/2013/12/there-was-no-long-arm-jurisdiction/New York court case where out-of-state insurance company successfully challenged personal jurisdiction under Civil Court Act 404 long-arm statute requirements.Fri, 20 Dec 2013 04:14:02 GMTJurisdictionhttps://jtnylaw.com/2013/12/failure-to-enter-default-within-one-year-allows-vacatur-of-default-under-a-woodson-theory/https://jtnylaw.com/2013/12/failure-to-enter-default-within-one-year-allows-vacatur-of-default-under-a-woodson-theory/NY court vacates default judgment using inherent discretionary power when plaintiff failed to move for default within one year, demonstrating Woodson theory application.Fri, 20 Dec 2013 04:00:24 GMTDefaultshttps://jtnylaw.com/2013/12/the-faiure-to-issue-a-denial-in-duplicate-is-no-necessarily-fatal-to-preserving-a-defense/https://jtnylaw.com/2013/12/the-faiure-to-issue-a-denial-in-duplicate-is-no-necessarily-fatal-to-preserving-a-defense/NY court rules failure to serve a no-fault denial in duplicate is not automatically fatal to preserving defenses when no prejudice results. Long Island analysis.Fri, 20 Dec 2013 03:50:36 GMTPreservation of defenses on NF-10https://jtnylaw.com/2013/12/a-choice-of-law-analysis-pa-law-controls/https://jtnylaw.com/2013/12/a-choice-of-law-analysis-pa-law-controls/New York court applies Pennsylvania law to auto insurance dispute, finding PA's protection for innocent third parties prevents policy rescission against assignor.Fri, 20 Dec 2013 03:23:58 GMTChoice of lawhttps://jtnylaw.com/2013/12/euo-no-show-mailing-and-personal-knowledge-substantiated/https://jtnylaw.com/2013/12/euo-no-show-mailing-and-personal-knowledge-substantiated/Court ruling confirms that proper mailing procedures and attorney's personal knowledge can establish EUO no-shows, setting important precedent for no-fault insurance disputes.Fri, 20 Dec 2013 03:13:16 GMTEUO issuesPersonal knowledge of no-showTimeliness of requestshttps://jtnylaw.com/2013/12/an-intentional-default-excused-based-upon-courts-inherent-power-to-vacate-defaults/https://jtnylaw.com/2013/12/an-intentional-default-excused-based-upon-courts-inherent-power-to-vacate-defaults/Court's inherent power to vacate default judgments in NY personal injury cases - Gurin v Pogge demonstrates when intentional defaults may be excused for substantial justice.Mon, 09 Dec 2013 01:40:56 GMTDefaultshttps://jtnylaw.com/2013/12/an-arbitrators-order-is-not-binding-where-the-provider-was-not-named-in-the-underlying-arbitration/https://jtnylaw.com/2013/12/an-arbitrators-order-is-not-binding-where-the-provider-was-not-named-in-the-underlying-arbitration/Court rules arbitrator's decision non-binding when medical provider wasn't named in proceeding, highlighting importance of proper party inclusion in no-fault arbitrations.Mon, 09 Dec 2013 01:36:15 GMTArbitrationshttps://jtnylaw.com/2013/12/civil-court-properly-granted-motion-to-stay-when-dj-action-is-pending/https://jtnylaw.com/2013/12/civil-court-properly-granted-motion-to-stay-when-dj-action-is-pending/Civil Court properly grants stay motion when declaratory judgment action pending - avoiding inconsistent adjudications in no-fault insurance cases.Mon, 09 Dec 2013 01:31:38 GMTDeclaratory Judgment ActionProcedural Issueshttps://jtnylaw.com/2013/12/euo-tolling-and-reasonableness-issues/https://jtnylaw.com/2013/12/euo-tolling-and-reasonableness-issues/Eagle Surgical Supply v Allstate case analysis on EUO scheduling timeliness, tolling effects, and reasonableness standards in New York no-fault insurance law.Mon, 09 Dec 2013 01:26:37 GMTEUO issuesTimeliness of requestshttps://jtnylaw.com/2013/12/the-denial-need-not-be-authenticated-as-a-busines-record/https://jtnylaw.com/2013/12/the-denial-need-not-be-authenticated-as-a-busines-record/New York court clarifies that insurance claim denials don't require business record authentication under CPLR 4518, as they're not submitted as recorded transactions.Mon, 09 Dec 2013 01:16:26 GMTBusiness recordsEvidencehttps://jtnylaw.com/2013/12/mutual-rescheduling-prior-to-the-first-no-show/https://jtnylaw.com/2013/12/mutual-rescheduling-prior-to-the-first-no-show/Court ruling clarifies that mutual EUO rescheduling before the original date doesn't constitute a no-show, but insurers must still provide three examination opportunities.Mon, 09 Dec 2013 01:12:59 GMTEUO issuesSufficiency of letters and requestshttps://jtnylaw.com/2013/12/4541/https://jtnylaw.com/2013/12/4541/Court ruling establishes that investigator affidavits and on-record statements provide sufficient proof of no-show at scheduled EUOs in no-fault insurance cases.Mon, 09 Dec 2013 01:06:26 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2013/12/4536/https://jtnylaw.com/2013/12/4536/Long Island court ruling on IME no-show reversals and proof requirements in New York no-fault insurance cases, featuring Jacoby Chiropractic decision.Mon, 09 Dec 2013 00:52:46 GMTIME issuesPersonal knowledge of no showhttps://jtnylaw.com/2013/12/a-prima-facie-case-involving-durable-medical-equipment/https://jtnylaw.com/2013/12/a-prima-facie-case-involving-durable-medical-equipment/Court ruling demonstrates how incomplete delivery documentation can derail a durable medical equipment provider's prima facie case for no-fault insurance benefits.Mon, 09 Dec 2013 00:43:33 GMTPrima Facie casehttps://jtnylaw.com/2013/12/euo-preclusion-and-ebts-based-upon-preservex-box-18-defense/https://jtnylaw.com/2013/12/euo-preclusion-and-ebts-based-upon-preservex-box-18-defense/New York court ruling on EUO preclusion and EBT rights based on preserved box 18 defense in no-fault insurance cases - key timing requirements explained.Mon, 09 Dec 2013 00:40:23 GMTDiscoveryEBT IssuesEUO issuesTimeliness of requestshttps://jtnylaw.com/2013/12/appellate-term-declines-to-follow-first-department-3-year-self-insured-statute-of-limitations-precedent/https://jtnylaw.com/2013/12/appellate-term-declines-to-follow-first-department-3-year-self-insured-statute-of-limitations-precedent/Appellate Term follows Second Department precedent over First Department ruling in no-fault insurance statute of limitations dispute involving self-insured entities.Mon, 09 Dec 2013 00:26:59 GMTStatute of Limitationshttps://jtnylaw.com/2013/12/medical-provider-needs-to-prove-that-assignor-was-represented-by-counsel-and-that-counsel-failed-to-receive-notification-of-ime/https://jtnylaw.com/2013/12/medical-provider-needs-to-prove-that-assignor-was-represented-by-counsel-and-that-counsel-failed-to-receive-notification-of-ime/NY court rules medical providers must prove assignor had counsel and counsel wasn't notified of IME scheduling to challenge no-fault insurance denials.Thu, 05 Dec 2013 23:29:49 GMTIME issuesPersonal knowledge of no showProperly scheduledPropriety of the examinationSufficiency of lettershttps://jtnylaw.com/2013/11/more-acupuncture-from-the-first-department/https://jtnylaw.com/2013/11/more-acupuncture-from-the-first-department/First Department ruling on acupuncture fee schedule disputes in no-fault cases, highlighting importance of proper billing rates and timely denial procedures.Tue, 26 Nov 2013 15:10:06 GMTFee Schedulehttps://jtnylaw.com/2013/11/proof-of-objective-standards-are-waived-if-euo-demand-is-not-responded-to/https://jtnylaw.com/2013/11/proof-of-objective-standards-are-waived-if-euo-demand-is-not-responded-to/New York court rules healthcare providers waive right to challenge EUO objective standards in no-fault cases by failing to respond to examination demands.Tue, 26 Nov 2013 14:52:47 GMTEUO issuesSufficiency of letters and requestshttps://jtnylaw.com/2013/11/hippa-does-not-apply-to-no-fault-new-trial-ordered/https://jtnylaw.com/2013/11/hippa-does-not-apply-to-no-fault-new-trial-ordered/Appellate court rules HIPAA doesn't prevent insurers from using medical records in no-fault cases, orders new trial after improper exclusion of evidence.Mon, 18 Nov 2013 22:34:04 GMTProcedural Issueshttps://jtnylaw.com/2013/11/acupuncture-fee-schedule-from-the-first-department/https://jtnylaw.com/2013/11/acupuncture-fee-schedule-from-the-first-department/First Department ruling on acupuncture fee schedules in no-fault insurance cases, analyzing chiropractor rate limitations and prima facie defense requirements.Mon, 18 Nov 2013 22:28:44 GMTFee Schedulehttps://jtnylaw.com/2013/11/claims-documents-considered-as-business-records-and-unsuccessful-mailing-challenge/https://jtnylaw.com/2013/11/claims-documents-considered-as-business-records-and-unsuccessful-mailing-challenge/Court ruling on business records admissibility under CPLR 4518 and successful mailing challenges in insurance cases, lowering the burden of proof for standard office procedures.Mon, 18 Nov 2013 22:03:04 GMTBusiness recordsEvidenceMailinghttps://jtnylaw.com/2013/11/maybe-we-have-come-along-way-and-maybe-we-have-not/https://jtnylaw.com/2013/11/maybe-we-have-come-along-way-and-maybe-we-have-not/Legal analysis of People v Williams case examining how medical advances in HIV treatment affected criminal charges, reflecting broader changes in legal standards over time.Mon, 18 Nov 2013 21:55:35 GMTNo-Faulthttps://jtnylaw.com/2013/11/4487/https://jtnylaw.com/2013/11/4487/4th Department rules on evidentiary issues including unsworn chiropractic reports, expert disclosure limitations, and serious injury standards in personal injury case.Mon, 18 Nov 2013 21:23:54 GMTEvidencehttps://jtnylaw.com/2013/11/dj-denial-reversed-a-misspelling-can-be-excused-and-notice-to-the-attorney-is-enough/https://jtnylaw.com/2013/11/dj-denial-reversed-a-misspelling-can-be-excused-and-notice-to-the-attorney-is-enough/DJ denial reversed: Court excuses IME notice misspelling, rules proper service to attorney sufficient for no-fault insurance claim coverage denial.Wed, 13 Nov 2013 04:33:27 GMTDeclaratory Judgment ActionIME issuesProcedural Issueshttps://jtnylaw.com/2013/11/failure-to-attend-imes-voids-coverage-with-citation-to-court-of-appeals-precedent/https://jtnylaw.com/2013/11/failure-to-attend-imes-voids-coverage-with-citation-to-court-of-appeals-precedent/Court of Appeals precedent confirms failure to attend IMEs voids no-fault insurance coverage. American Transit v. Lucas case analysis and implications.Thu, 07 Nov 2013 20:06:04 GMTIME issuesPersonal knowledge of no showProperly scheduledhttps://jtnylaw.com/2013/11/bad-faith-claim-not-adequately-pleaded/https://jtnylaw.com/2013/11/bad-faith-claim-not-adequately-pleaded/New York court dismisses bad faith claim against Allstate, ruling plaintiff failed to allege tort independent of contractual obligations in no-fault insurance dispute.Mon, 04 Nov 2013 04:14:18 GMTBad Faithhttps://jtnylaw.com/2013/11/the-peer-review-was-insufficient/https://jtnylaw.com/2013/11/the-peer-review-was-insufficient/Court ruled peer review report lacked factual basis for denying medical supplies. Long Island and New York no-fault defense analysis of First Department standards.Mon, 04 Nov 2013 03:51:56 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2013/11/4444/https://jtnylaw.com/2013/11/4444/Court ruling establishes that IME reports must provide factual basis and medical rationale when claiming injuries are resolved in no-fault insurance cases.Mon, 04 Nov 2013 03:37:00 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2013/11/evidence-insufficient-to-prove-verification-complied/https://jtnylaw.com/2013/11/evidence-insufficient-to-prove-verification-complied/Court rules that generic affidavit from third-party biller insufficient to prove mailing compliance in no-fault verification dispute case.Mon, 04 Nov 2013 03:28:48 GMTAdditional Verificationhttps://jtnylaw.com/2013/11/another-ime-no-show-from-the-app-term-first-dept/https://jtnylaw.com/2013/11/another-ime-no-show-from-the-app-term-first-dept/Appeals court confirms insurance companies can retroactively deny all no-fault claims when patients fail to appear for required IMEs, regardless of timing.Mon, 04 Nov 2013 03:14:05 GMTIME issueshttps://jtnylaw.com/2013/10/from-the-department-of-financial-services-today/https://jtnylaw.com/2013/10/from-the-department-of-financial-services-today/New York Department of Financial Services announces criminal charges against 18 healthcare providers for no-fault insurance fraud, highlighting ongoing enforcement efforts.Thu, 31 Oct 2013 21:33:09 GMTNo-Faulthttps://jtnylaw.com/2013/10/2309c-defect-waived-again/https://jtnylaw.com/2013/10/2309c-defect-waived-again/Court rules that missing authentication certificates for out-of-state notarized affidavits under CPLR 2309(c) is not a fatal defect when waived by opposing party.Tue, 29 Oct 2013 19:10:42 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2013/10/8-units-applies-to-billing-medical-providers-only/https://jtnylaw.com/2013/10/8-units-applies-to-billing-medical-providers-only/Suffolk County District Court rules on 8-unit billing limit for medical providers under NY no-fault insurance fee schedule, allowing reimbursement despite multiple claims.Sun, 27 Oct 2013 20:29:41 GMTFee Schedulehttps://jtnylaw.com/2013/10/ebt-order-as-an-alternative-to-a-denied-medical-necessity-motion/https://jtnylaw.com/2013/10/ebt-order-as-an-alternative-to-a-denied-medical-necessity-motion/When medical necessity motions are denied, providers can use EBT orders to compel chiropractor depositions in no-fault cases under CPLR 3101(a) discovery rules.Sun, 27 Oct 2013 20:17:25 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2013/10/euo-letter-did-not-toll-time-to-pay-or-deny/https://jtnylaw.com/2013/10/euo-letter-did-not-toll-time-to-pay-or-deny/Court rules EUO scheduling letter must identify specific person being requested for examination or lose toll benefit under NY Insurance Regulation 65-3.6(b).Sun, 27 Oct 2013 20:11:31 GMTAdditional VerificationEUO issuesSufficiency of letters and requestshttps://jtnylaw.com/2013/10/mallela-based-disclosure-granted/https://jtnylaw.com/2013/10/mallela-based-disclosure-granted/Court grants discovery motion to determine if medical provider meets licensing requirements under Mallela defense, vacating premature trial notice.Sun, 27 Oct 2013 19:58:10 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2013/10/tax-records-denied-in-mallela-disclosure/https://jtnylaw.com/2013/10/tax-records-denied-in-mallela-disclosure/Court denies insurance company's request for tax records in no-fault case, reinforcing that tax returns require special circumstances to be discoverable in litigation.Sun, 27 Oct 2013 19:50:37 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2013/10/conditional-discovery-order-granted/https://jtnylaw.com/2013/10/conditional-discovery-order-granted/New York courts may vacate discovery sanctions when defendants show reasonable law office failure excuse and meritorious defenses, as demonstrated in Elite Medical case.Sun, 27 Oct 2013 19:32:49 GMTDiscoveryDiscovery sanctionshttps://jtnylaw.com/2013/10/initial-visit-compensable/https://jtnylaw.com/2013/10/initial-visit-compensable/Court ruling highlights insurance companies must address initial evaluation codes separately from routine treatment codes in no-fault insurance disputes.Sun, 27 Oct 2013 19:24:24 GMTFee Schedulehttps://jtnylaw.com/2013/10/ime-no-show-defense-sustained/https://jtnylaw.com/2013/10/ime-no-show-defense-sustained/NY appellate court upholds IME no-show defense when scheduling letters were properly addressed to insured's last known address and attorney received copies.Sun, 27 Oct 2013 19:12:26 GMTIME issueshttps://jtnylaw.com/2013/10/and-why-do-you-think-the-signature-was-stamped/https://jtnylaw.com/2013/10/and-why-do-you-think-the-signature-was-stamped/Court rejects challenge to peer review report based solely on claim of stamped signature, emphasizing need for expert proof in no-fault insurance disputes.Sun, 27 Oct 2013 18:59:37 GMTEvidencehttps://jtnylaw.com/2013/10/chiropractor-fee-schedule-applies-to-all-billed-for-codes/https://jtnylaw.com/2013/10/chiropractor-fee-schedule-applies-to-all-billed-for-codes/New York court rules that chiropractor fee schedules apply to acupuncture services regardless of provider type, impacting no-fault insurance reimbursement rates.Sun, 27 Oct 2013 18:43:53 GMTFee Schedulehttps://jtnylaw.com/2013/10/partial-summary-judgment-granted-on-appeal/https://jtnylaw.com/2013/10/partial-summary-judgment-granted-on-appeal/NY Appellate Term allows appeals of partial summary judgment orders on prima facie case and timely denials in no-fault insurance litigation.Sun, 27 Oct 2013 18:33:30 GMTPrima Facie casehttps://jtnylaw.com/2013/10/proof-that-the-injury-was-pre-existing-was-not-refuted/https://jtnylaw.com/2013/10/proof-that-the-injury-was-pre-existing-was-not-refuted/Get expert legal analysis on Proof that the injury was pre-existing was not refuted from Law Office of Jason Tenenbaum | Personal Injury LawyersSun, 20 Oct 2013 18:57:26 GMTCausationCoveragehttps://jtnylaw.com/2013/10/that-the-testing-was-necessary-to-rule-out-herniations-is-sufficient-to-warrant-a-trial-on-medical-necessity/https://jtnylaw.com/2013/10/that-the-testing-was-necessary-to-rule-out-herniations-is-sufficient-to-warrant-a-trial-on-medical-necessity/New York court rules that detailed medical affidavit explaining need for MRI to rule out disc herniations creates triable issue of medical necessity in no-fault case.Sun, 20 Oct 2013 18:46:27 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2013/10/mvaic-again-fails-in-its-quest-to-prove-the-mailing-of-ime-letters/https://jtnylaw.com/2013/10/mvaic-again-fails-in-its-quest-to-prove-the-mailing-of-ime-letters/MVAIC fails again to prove proper mailing of IME letters due to deficient affidavits lacking personal knowledge and specific procedural details.Sun, 20 Oct 2013 18:33:24 GMTIME issuesProperly scheduledhttps://jtnylaw.com/2013/10/triable-issue-of-fact-medical-necessity/https://jtnylaw.com/2013/10/triable-issue-of-fact-medical-necessity/Hunt City Chiropractic case shows conflicting medical expert opinions can create triable issues of fact on medical necessity in no-fault insurance disputes.Sun, 20 Oct 2013 18:18:02 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2013/10/cessation-of-treatment-and-its-interplay-with-no-fault-fraud/https://jtnylaw.com/2013/10/cessation-of-treatment-and-its-interplay-with-no-fault-fraud/Court ruling on cessation of no-fault treatment - when plaintiffs must prove benefit termination and reasonable explanation for stopping therapy in 5102(d) cases.Sun, 20 Oct 2013 18:03:24 GMT5102(d) issueshttps://jtnylaw.com/2013/10/without-the-data-the-affidavit-was-conclusory/https://jtnylaw.com/2013/10/without-the-data-the-affidavit-was-conclusory/Court rules expert affidavit was conclusory when transportation engineer failed to provide underlying data supporting accident reconstruction opinions.Mon, 07 Oct 2013 14:21:41 GMTNo-Faulthttps://jtnylaw.com/2013/10/summary-judgment-granted-as-to-negligence-yet-sole-proximate-cause-and-comparative-negligence-left-as-open-questions/https://jtnylaw.com/2013/10/summary-judgment-granted-as-to-negligence-yet-sole-proximate-cause-and-comparative-negligence-left-as-open-questions/Court grants summary judgment on negligence but leaves causation questions open, demonstrating how complex liability cases can be divided into discrete legal issues.Mon, 07 Oct 2013 14:18:40 GMTNo-Faulthttps://jtnylaw.com/2013/10/it-is-mvaic-again/https://jtnylaw.com/2013/10/it-is-mvaic-again/Court decisions highlight differing approaches to MVAIC claims when vehicle owners are known versus unknown, affecting no-fault benefit recovery strategies.Fri, 04 Oct 2013 19:54:37 GMTNo-Faulthttps://jtnylaw.com/2013/10/this-one-managed-to-get-published/https://jtnylaw.com/2013/10/this-one-managed-to-get-published/New York court case American Transit v. Megan Ash addresses Independent Medical Examination procedures in no-fault insurance claims and provider obligations.Tue, 01 Oct 2013 14:08:57 GMTIME issueshttps://jtnylaw.com/2013/09/judgment-as-a-matter-of-law-due-to-opening-statement/https://jtnylaw.com/2013/09/judgment-as-a-matter-of-law-due-to-opening-statement/New York court case where plaintiff's attorney's opening statement admissions led to judgment as a matter of law against client for false arrest and malicious prosecution claims.Sat, 28 Sep 2013 20:32:37 GMTDirected VerdictsProcedural Issueshttps://jtnylaw.com/2013/09/initial-visit-allowed-open-question-being-how-much/https://jtnylaw.com/2013/09/initial-visit-allowed-open-question-being-how-much/Court rules acupuncturists can bill for initial visits under code 99202, but leaves open question about reimbursement rates compared to chiropractors.Wed, 25 Sep 2013 14:52:01 GMTFee Schedulehttps://jtnylaw.com/2013/09/deposition-of-own-party-allowed-into-evidence/https://jtnylaw.com/2013/09/deposition-of-own-party-allowed-into-evidence/New York court rules that defendants can introduce deposition testimony of unavailable party witness at trial, despite plaintiff's objections and missing witness charge request.Thu, 12 Sep 2013 22:35:15 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2013/09/skyped-ebt/https://jtnylaw.com/2013/09/skyped-ebt/New York courts allow remote video depositions via Skype when plaintiffs cannot travel, providing flexible solutions for no-fault insurance litigation proceedings.Thu, 12 Sep 2013 22:26:06 GMTNo-Faulthttps://jtnylaw.com/2013/09/court-takes-judicial-notice-of-supreme-court-declaratory-judgment-action/https://jtnylaw.com/2013/09/court-takes-judicial-notice-of-supreme-court-declaratory-judgment-action/Court takes judicial notice of Supreme Court declaratory judgment action with res judicata effect in no-fault insurance dispute (150 chars)Tue, 10 Sep 2013 03:37:51 GMTDeclaratory Judgment ActionDiscoveryDiscovery sanctionsProcedural IssuesRes Judicatahttps://jtnylaw.com/2013/09/discovery-disallowed-where-euo-requests-are-nor-responded/https://jtnylaw.com/2013/09/discovery-disallowed-where-euo-requests-are-nor-responded/Court rules that healthcare providers who fail to respond to EUO requests cannot challenge their reasonableness or seek discovery about scheduling letters in no-fault cases.Tue, 10 Sep 2013 03:14:20 GMTDiscoveryEUO issuesReasonableness and standard of proofhttps://jtnylaw.com/2013/09/documentation-shows-wrong-insurance-carrier-sue/https://jtnylaw.com/2013/09/documentation-shows-wrong-insurance-carrier-sue/Court ruling shows defendant successfully proved wrong insurance carrier was sued using claims manager's affidavit, potentially breaking from precedent requiring underwriter testimony.Tue, 10 Sep 2013 03:01:35 GMTCoverageNon eligible injured personhttps://jtnylaw.com/2013/09/a-declaration-of-non-coverage-is-res-judicata-to-the-specific-date-of-the-accident/https://jtnylaw.com/2013/09/a-declaration-of-non-coverage-is-res-judicata-to-the-specific-date-of-the-accident/Court rules declaratory judgment on no-fault coverage is res judicata only for specific accident dates listed, not all claims by the same parties.Tue, 10 Sep 2013 02:56:08 GMTDeclaratory Judgment ActionEUO issuesProcedural IssuesRes Judicatahttps://jtnylaw.com/2013/09/medical-provider-cannot-defeat-ime-non-cooperation-defense-through-stating-discovery-is-outstanding/https://jtnylaw.com/2013/09/medical-provider-cannot-defeat-ime-non-cooperation-defense-through-stating-discovery-is-outstanding/Medical providers cannot defeat IME non-cooperation defense by claiming outstanding discovery. NY appellate court rules on summary judgment standards.Mon, 02 Sep 2013 19:18:55 GMTDiscoveryIME issuesPropriety of the examinationSufficiency of lettershttps://jtnylaw.com/2013/08/whats-a-boy-to-do/https://jtnylaw.com/2013/08/whats-a-boy-to-do/Court sanctions attorneys for frivolous no-fault insurance brief while ruling on medical necessity peer review challenges in New York PIP case.Wed, 28 Aug 2013 02:39:57 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2013/08/a-pleaded-affirmative-defense-may-not-necessarily-be-used-as-an-admission/https://jtnylaw.com/2013/08/a-pleaded-affirmative-defense-may-not-necessarily-be-used-as-an-admission/New York court ruling on affirmative defenses: pleaded defenses may not constitute admissions when conditional language is used and scope of employment is denied.Wed, 28 Aug 2013 02:12:11 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2013/08/dj-granted-defendant-failed-to-present-evidence-that-defendant-attended-ime/https://jtnylaw.com/2013/08/dj-granted-defendant-failed-to-present-evidence-that-defendant-attended-ime/Court grants declaratory judgment after defendant fails to provide evidence of attending scheduled independent medical examinations in no-fault insurance case.Tue, 06 Aug 2013 21:07:47 GMTCoverageDeclaratory Judgmentshttps://jtnylaw.com/2013/08/amended-motionadmissible-reply-papersdefects-in-affidavitsdelay-letter-vs-verification-requests/https://jtnylaw.com/2013/08/amended-motionadmissible-reply-papersdefects-in-affidavitsdelay-letter-vs-verification-requests/Court ruling on amended motions, defective IME affidavits, and delay letters vs. verification requests in New York no-fault insurance litigation procedures.Tue, 06 Aug 2013 20:43:52 GMTAdditional VerificationBusiness recordsEvidenceIME issuesPrima Facie caseProcedural IssuesProperly scheduledhttps://jtnylaw.com/2013/08/the-ime-no-show-at-trial-the-eagle-as-arisen/https://jtnylaw.com/2013/08/the-ime-no-show-at-trial-the-eagle-as-arisen/Eagle Surgical Supply v GEICO highlights the critical requirement that insurance companies must present witnesses with personal knowledge to prove IME no-shows at trial.Tue, 06 Aug 2013 20:09:17 GMTIME issuesPersonal knowledge of no showhttps://jtnylaw.com/2013/08/all-you-wanted-to-know-about-4518a-but-were-afraid-to-ask/https://jtnylaw.com/2013/08/all-you-wanted-to-know-about-4518a-but-were-afraid-to-ask/Learn about CPLR 4518(a) business records foundation requirements in New York no-fault insurance cases, including hearsay exceptions and evidence admissibility rules.Tue, 06 Aug 2013 19:59:12 GMTBusiness recordsEvidencePrima Facie casehttps://jtnylaw.com/2013/08/the-errata-sheet-is-not-a-do-over/https://jtnylaw.com/2013/08/the-errata-sheet-is-not-a-do-over/Appellate court ruling on CPLR 3116(a) errata sheets: deponents cannot make radical changes without adequate explanations in NY personal injury depositions.Fri, 02 Aug 2013 22:42:52 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2013/08/the-affidavits-were-unshakable/https://jtnylaw.com/2013/08/the-affidavits-were-unshakable/Court upholds affidavits in NY no-fault IME case, rejecting defendant's challenges to sworn testimony form and medical examination scheduling documentation.Fri, 02 Aug 2013 22:35:57 GMTIME issuesPersonal knowledge of no showProperly scheduledSufficiency of lettershttps://jtnylaw.com/2013/07/six-year-statute-of-limitations-period-governed-by-how-the-complaint-is-pleaded/https://jtnylaw.com/2013/07/six-year-statute-of-limitations-period-governed-by-how-the-complaint-is-pleaded/NY Court rules on six-year statute of limitations for no-fault claims based on complaint pleading requirements and when causes of action accrue.Wed, 31 Jul 2013 03:43:01 GMTStatute of Limitationshttps://jtnylaw.com/2013/07/dr-andrew-carothers-we-salute-you/https://jtnylaw.com/2013/07/dr-andrew-carothers-we-salute-you/Appellate Term affirms jury verdict against Dr. Carothers' medical practice in no-fault insurance case involving unlicensed ownership claims and regulatory compliance issues.Wed, 31 Jul 2013 03:29:26 GMTMallela issueshttps://jtnylaw.com/2013/07/a-snapshot-in-time-saves-9-reversed-finally/https://jtnylaw.com/2013/07/a-snapshot-in-time-saves-9-reversed-finally/Court reversal highlights how IME timing affects medical necessity determinations in no-fault insurance disputes, with burden of proof shifting to plaintiffs.Wed, 17 Jul 2013 03:31:37 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2013/07/the-siu-file-is-open-for-discovery-and-more/https://jtnylaw.com/2013/07/the-siu-file-is-open-for-discovery-and-more/New York court rules SIU files discoverable when insurer fails to prove litigation privilege, plus limits on stipulations in no-fault insurance cases.Wed, 17 Jul 2013 03:15:01 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2013/07/alrof-safeco-made-another-sighting/https://jtnylaw.com/2013/07/alrof-safeco-made-another-sighting/Court rejects insurance company's EUO no-show motion due to defective affidavit lacking personal knowledge, highlighting critical evidentiary requirements in no-fault cases.Wed, 17 Jul 2013 03:03:05 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2013/07/prima-facie-case-lost/https://jtnylaw.com/2013/07/prima-facie-case-lost/New York court ruling shows healthcare providers face uphill battle when using third-party billing services to establish prima facie cases in no-fault insurance claims.Wed, 17 Jul 2013 02:57:45 GMTPrima Facie casehttps://jtnylaw.com/2013/07/the-nf-2-and-the-letters-did-not-match/https://jtnylaw.com/2013/07/the-nf-2-and-the-letters-did-not-match/Court ruling on IME scheduling letters highlights importance of consistent procedures in New York no-fault insurance cases when addresses don't match NF-2 forms.Wed, 17 Jul 2013 02:47:16 GMTEUO issuesIME issueshttps://jtnylaw.com/2013/07/euo-no-show-precluded-due-to-untimely-scheduling-letters/https://jtnylaw.com/2013/07/euo-no-show-precluded-due-to-untimely-scheduling-letters/New York court rules insurance company's EUO scheduling letters sent 70+ days after receiving bills were untimely and failed to toll payment obligations.Wed, 17 Jul 2013 02:40:08 GMTEUO issuesIME issueshttps://jtnylaw.com/2013/07/delaware-law-applies/https://jtnylaw.com/2013/07/delaware-law-applies/Delaware insurance law applied to NY court case involving out-of-state policy, accident location, and $15K coverage limits in no-fault claim dispute.Wed, 17 Jul 2013 02:36:50 GMTChoice of lawhttps://jtnylaw.com/2013/07/there-is-no-coverage-for-this-loss/https://jtnylaw.com/2013/07/there-is-no-coverage-for-this-loss/Court ruling confirms no coverage after injured defendant's IME no-show, with Appellate Division requiring minimal mailing affidavit standards for no-fault cases.Wed, 10 Jul 2013 01:09:33 GMTIME issueshttps://jtnylaw.com/2013/07/failure-to-comply-with-2106-is-somewhat-excusable/https://jtnylaw.com/2013/07/failure-to-comply-with-2106-is-somewhat-excusable/Court allows Florida expert's affirmation despite CPLR 2106 non-compliance, highlighting differences in out-of-state practitioner requirements versus in-state licensing restrictions.Mon, 08 Jul 2013 03:30:34 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2013/07/mua-services-inconsistent-with-mua-guidelines-prima-facie-showing-lack-of-medical-necessity-established/https://jtnylaw.com/2013/07/mua-services-inconsistent-with-mua-guidelines-prima-facie-showing-lack-of-medical-necessity-established/Court finds MUA procedures lacked medical necessity when services didn't follow established guidelines, showing how peer review can defeat no-fault claims.Mon, 08 Jul 2013 03:19:59 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2013/07/ime-no-show-with-statement-regarding-quantum-of-proof-regrding-the-no-show/https://jtnylaw.com/2013/07/ime-no-show-with-statement-regarding-quantum-of-proof-regrding-the-no-show/Learn what proof is needed to establish an IME no-show defense in New York no-fault insurance cases. Court ruling clarifies simple standard for examining physicians.Mon, 08 Jul 2013 03:13:45 GMTIME issuesPersonal knowledge of no showhttps://jtnylaw.com/2013/07/workers-compensation-defense-requires-substantiation/https://jtnylaw.com/2013/07/workers-compensation-defense-requires-substantiation/Court ruling shows workers compensation defenses must be backed by concrete evidence, not just conclusory statements from claims administrators.Mon, 08 Jul 2013 03:07:03 GMTWorkers Compensationhttps://jtnylaw.com/2013/06/open-claim-avoids-repudiation-defense-to-dj/https://jtnylaw.com/2013/06/open-claim-avoids-repudiation-defense-to-dj/New York court rules that open pre-IME claims prevent insured from using repudiation defense when failing to appear for EUO after negative medical exam.Wed, 26 Jun 2013 03:56:18 GMTEUO issueshttps://jtnylaw.com/2013/06/inconsistency-between-chiropractor-report-and-mri-reports-spells-the-end-of-personal-injury-plaintiffs-claim/https://jtnylaw.com/2013/06/inconsistency-between-chiropractor-report-and-mri-reports-spells-the-end-of-personal-injury-plaintiffs-claim/Court dismisses personal injury case when chiropractor's findings contradicted MRI results showing normal spine images with no disc damage.Wed, 26 Jun 2013 03:44:28 GMT5102(d) issueshttps://jtnylaw.com/2013/06/range-of-motion-measurements-do-not-require-an-instrument/https://jtnylaw.com/2013/06/range-of-motion-measurements-do-not-require-an-instrument/New York court clarifies that orthopedic surgeons can measure range of motion without instruments for no-fault insurance threshold determinations.Wed, 26 Jun 2013 03:41:40 GMT5102(d) issueshttps://jtnylaw.com/2013/06/a-prima-facie-showing-of-lack-of-serious-injury-does-not-require-a-review-of-plaintiffs-records/https://jtnylaw.com/2013/06/a-prima-facie-showing-of-lack-of-serious-injury-does-not-require-a-review-of-plaintiffs-records/New York court ruling confirms insurance medical experts don't need to review all plaintiff records to establish prima facie case for lack of serious injury.Thu, 20 Jun 2013 14:57:36 GMT5102(d) issuesMedical Necessityhttps://jtnylaw.com/2013/06/defense-expert-states-that-injury-aggravated-pre-existing-condition-yet-jury-verdict-dismissing-claim-affirmed/https://jtnylaw.com/2013/06/defense-expert-states-that-injury-aggravated-pre-existing-condition-yet-jury-verdict-dismissing-claim-affirmed/NY court affirms jury verdict dismissing personal injury claim despite defense expert testimony that accident aggravated plaintiff's pre-existing back condition.Thu, 20 Jun 2013 14:38:06 GMT5102(d) issueshttps://jtnylaw.com/2013/06/the-jury-could-not-find-under-a-reasonable-view-of-the-evidence-that-plaintiff-failed-to-sustain-a-serious-injury-under-5102d/https://jtnylaw.com/2013/06/the-jury-could-not-find-under-a-reasonable-view-of-the-evidence-that-plaintiff-failed-to-sustain-a-serious-injury-under-5102d/Court overturns jury verdict finding no serious injury under Insurance Law 5102(d) when plaintiff proved rotator cuff tear with significant range of motion loss.Thu, 20 Jun 2013 14:28:20 GMT5102(d) issueshttps://jtnylaw.com/2013/06/certificate-of-readiness-that-says-discovery-is-outstanding-is-deemed-a-nullity/https://jtnylaw.com/2013/06/certificate-of-readiness-that-says-discovery-is-outstanding-is-deemed-a-nullity/Appellate Division rules certificate of readiness stating discovery is outstanding creates a nullity, allowing unlimited time to strike note of issue in NY courts.Thu, 20 Jun 2013 14:07:12 GMTDiscoveryNotice of Trial issueshttps://jtnylaw.com/2013/06/4140/https://jtnylaw.com/2013/06/4140/In NY no-fault cases, medical experts must explain any deterioration after improvement to meet the serious injury threshold under Insurance Law 5102(d).Thu, 20 Jun 2013 13:35:23 GMT5102(d) issueshttps://jtnylaw.com/2013/06/movant-bears-burden-to-show-that-application-to-vacate-default-under-5015a1-was-timely-made/https://jtnylaw.com/2013/06/movant-bears-burden-to-show-that-application-to-vacate-default-under-5015a1-was-timely-made/New York court confirms that parties seeking to vacate default orders under CPLR 5015(a)(1) must prove their motion was filed within the one-year deadline.Thu, 20 Jun 2013 13:31:33 GMTDefaultshttps://jtnylaw.com/2013/06/when-an-ime-went-wrong/https://jtnylaw.com/2013/06/when-an-ime-went-wrong/New York court holds no-fault insurers may face liability when IME physicians injure claimants, analyzing negligent selection and supervision of independent contractors.Wed, 12 Jun 2013 03:18:15 GMTIME issueshttps://jtnylaw.com/2013/06/a-trial-de-novo-is-but-a-declaratory-judgment-action-district-court-lacks-jurisdiction/https://jtnylaw.com/2013/06/a-trial-de-novo-is-but-a-declaratory-judgment-action-district-court-lacks-jurisdiction/Court ruling clarifies that trial de novo actions seeking declaratory judgments fall outside District Court jurisdiction, requiring proper venue determination.Wed, 12 Jun 2013 03:09:04 GMTArbitrationshttps://jtnylaw.com/2013/06/triable-issue-of-fact-through-another-ime-in-a-different-specialty/https://jtnylaw.com/2013/06/triable-issue-of-fact-through-another-ime-in-a-different-specialty/Brooklyn Chiropractic v A. Cent. Ins. Co.: Court finds triable issue of fact when plaintiff's IME contradicts insurer's IME, but peer review denial stands unopposed.Wed, 12 Jun 2013 03:02:20 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2013/06/alrof-v-safeco-its-first-application/https://jtnylaw.com/2013/06/alrof-v-safeco-its-first-application/Court applies Alrof v. Safeco ruling requiring personal knowledge for IME no-show claims, potentially limiting insurers' defense options in no-fault cases.Wed, 12 Jun 2013 02:52:33 GMTIME issuesPersonal knowledge of no showhttps://jtnylaw.com/2013/06/failure-to-comply-with-3215f-is-not-jurisdictional/https://jtnylaw.com/2013/06/failure-to-comply-with-3215f-is-not-jurisdictional/Court of Appeals rules CPLR 3215(f) violations are procedural errors, not jurisdictional defects, allowing correction via CPLR 5015 motions rather than nullifying judgments.Sat, 01 Jun 2013 17:57:45 GMT3215(f) issuesDefaultshttps://jtnylaw.com/2013/05/causation-speculative-after-trial-4404a-motion-granted-and-200000-jury-verdict-vacated/https://jtnylaw.com/2013/05/causation-speculative-after-trial-4404a-motion-granted-and-200000-jury-verdict-vacated/Court vacates $200,000 jury verdict in personal injury case due to speculative causation evidence, granting defendants' CPLR 4404 motion after trial.Fri, 31 May 2013 22:57:23 GMT5102(d) issuesCausationhttps://jtnylaw.com/2013/05/assignment-not-necessary-to-make-a-prima-facie-case-in-an-assigned-first-party-action-prima-facie-case/https://jtnylaw.com/2013/05/assignment-not-necessary-to-make-a-prima-facie-case-in-an-assigned-first-party-action-prima-facie-case/Urban Radiology v GEICO: Assignment of benefits not required for prima facie case in first-party no-fault actions. Court clarifies trial vs summary judgment standards.Wed, 29 May 2013 23:32:31 GMTAssignment of BenefitsPrima Facie caseStandinghttps://jtnylaw.com/2013/05/unrebutted-doctors-testimony-insufficient-to-prove-the-services-lacked-a-medical-necessity/https://jtnylaw.com/2013/05/unrebutted-doctors-testimony-insufficient-to-prove-the-services-lacked-a-medical-necessity/NY court ruling shows insurance expert testimony needs factual basis and medical rationale to prove lack of medical necessity in no-fault cases.Wed, 29 May 2013 15:04:19 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2013/05/partial-fraud/https://jtnylaw.com/2013/05/partial-fraud/Court rules that billing for one undelivered item doesn't void entire no-fault policy, allowing recovery for other legitimately provided medical supplies.Wed, 29 May 2013 14:48:12 GMTFraudhttps://jtnylaw.com/2013/05/no-credentials-no-issue-of-fact/https://jtnylaw.com/2013/05/no-credentials-no-issue-of-fact/Court dismisses expert affidavit lacking credentials and objective testing in personal injury case, highlighting foundation requirements for expert testimony.Tue, 21 May 2013 22:48:52 GMTEvidenceExpertshttps://jtnylaw.com/2013/05/would-this-violate-the-civil-kings-briefing-schedule-rule/https://jtnylaw.com/2013/05/would-this-violate-the-civil-kings-briefing-schedule-rule/Court rules on late affidavit submission in personal injury case, examining when briefing schedule violations should be excused based on prejudice rather than strict timing requirements.Sun, 19 May 2013 18:05:18 GMTProcedural Issueshttps://jtnylaw.com/2013/05/the-captain-is-at-it-again/https://jtnylaw.com/2013/05/the-captain-is-at-it-again/NY court dismisses no-fault insurance bad faith claim due to inadequate pleading of consequential damages, while allowing breach of contract claim to proceed.Fri, 17 May 2013 02:54:12 GMTBad FaithPleading defectsProcedural Issueshttps://jtnylaw.com/2013/05/an-ime-no-show-case/https://jtnylaw.com/2013/05/an-ime-no-show-case/Analysis of Infinity Health v Redland Insurance case where insurer failed to prove proper IME scheduling due to incorrect zip code on mailing notices.Fri, 17 May 2013 02:48:25 GMTIME issueshttps://jtnylaw.com/2013/05/discovery-not-necessary-to-adjudicate-merits-of-euo-no-show-defense/https://jtnylaw.com/2013/05/discovery-not-necessary-to-adjudicate-merits-of-euo-no-show-defense/Court rules discovery unnecessary when challenging EUO no-show defense in NY no-fault cases. Appellate Term confirms proper mailing establishes valid denial.Fri, 17 May 2013 02:40:41 GMTDiscoveryEUO issueshttps://jtnylaw.com/2013/05/appellate-term-second-department-expounds-on-sufficient-medical-rationale-in-dme-case/https://jtnylaw.com/2013/05/appellate-term-second-department-expounds-on-sufficient-medical-rationale-in-dme-case/Appellate Term Second Department ruling clarifies medical rationale requirements in DME cases, emphasizing need for meaningful opposition to peer review reports.Fri, 17 May 2013 02:36:08 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2013/05/euo-statements-of-law/https://jtnylaw.com/2013/05/euo-statements-of-law/Court ruling establishes that healthcare providers who fail to respond to EUO requests cannot later raise objections, reinforcing insurer notification requirements.Fri, 17 May 2013 02:28:41 GMTEUO issueshttps://jtnylaw.com/2013/05/signet-and-hearsay/https://jtnylaw.com/2013/05/signet-and-hearsay/Court rejects SIGNET vendor testimony as hearsay in proving IME no-shows, highlighting evidence requirements post-Fogel in New York no-fault insurance cases.Fri, 17 May 2013 02:23:54 GMTIME issuesPersonal knowledge of no showhttps://jtnylaw.com/2013/05/4061/https://jtnylaw.com/2013/05/4061/Civil Court rules providers can collect no-fault insurance interest under $5 despite regulatory language, ensuring statutory penalty provisions remain effective.Wed, 15 May 2013 03:43:31 GMTAttorney feeStatutory interesthttps://jtnylaw.com/2013/05/use-operation-and-proximate-cause-liberally-construed-to-afford-coverage/https://jtnylaw.com/2013/05/use-operation-and-proximate-cause-liberally-construed-to-afford-coverage/New York no-fault insurance coverage expanded through liberal construction of use, operation and proximate cause requirements in rescue injury case.Wed, 15 May 2013 03:28:10 GMTCoverageUse and Operationhttps://jtnylaw.com/2013/05/the-reason-proffered-by-plaintiff-was-insufficient/https://jtnylaw.com/2013/05/the-reason-proffered-by-plaintiff-was-insufficient/Appellate Term finds insufficient excuse for late no-fault claim submission despite provider's proof of mailing to MVAIC first when insurer identity unclear.Mon, 13 May 2013 19:56:40 GMTTimely submissions of Billshttps://jtnylaw.com/2013/05/the-constitutional-challenge/https://jtnylaw.com/2013/05/the-constitutional-challenge/New York court rejects constitutional challenge to acupuncture fee schedule in no-fault insurance case, highlighting ongoing disputes over reimbursement rates.Mon, 13 May 2013 19:42:12 GMTFee Schedulehttps://jtnylaw.com/2013/05/the-teeth-were-taken-out-of-cplr-3408/https://jtnylaw.com/2013/05/the-teeth-were-taken-out-of-cplr-3408/Wells Fargo v Meyers ruling weakens CPLR 3408 mortgage foreclosure protections, allowing banks to negotiate in bad faith without meaningful consequences.Sat, 04 May 2013 19:23:18 GMTNo-Faulthttps://jtnylaw.com/2013/04/great-wall-is-binding-precedent-on-american-arbitration-association/https://jtnylaw.com/2013/04/great-wall-is-binding-precedent-on-american-arbitration-association/Court rules American Arbitration Association arbitrator failed to follow binding Great Wall precedent on acupuncture fee schedules in no-fault insurance dispute.Tue, 30 Apr 2013 19:22:39 GMTArbitrationsArticle 75https://jtnylaw.com/2013/04/rules-on-trial-de-novo/https://jtnylaw.com/2013/04/rules-on-trial-de-novo/Rules governing trial de novo in New York no-fault arbitration cases, including timing requirements and jury trial demands under CPLR §3405.Tue, 30 Apr 2013 19:14:55 GMTArbitrationshttps://jtnylaw.com/2013/04/court-has-discretion-to-overlook-absence-of-pleadings/https://jtnylaw.com/2013/04/court-has-discretion-to-overlook-absence-of-pleadings/New York courts have discretion to overlook missing pleadings in summary judgment motions when the record is sufficiently complete, per Washington Realty case.Tue, 30 Apr 2013 18:21:02 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2013/04/ime-issues/https://jtnylaw.com/2013/04/ime-issues/Court ruling clarifies IME procedures: no videotaping allowed and plaintiff's attorneys cannot be excluded without special circumstances in New York.Sun, 28 Apr 2013 20:36:32 GMTIME issueshttps://jtnylaw.com/2013/04/late-papers-in-accordance-with-cplr-2214-are-okay/https://jtnylaw.com/2013/04/late-papers-in-accordance-with-cplr-2214-are-okay/Courts have discretion to accept late papers under CPLR 2214 when plaintiffs show valid excuse and minimal delay without prejudice to defendants.Sun, 28 Apr 2013 20:33:45 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2013/04/4018/https://jtnylaw.com/2013/04/4018/Court ruling on no-fault insurance claim denial for acupuncture services due to insufficient response to verification requests and lack of medical necessity evidence.Fri, 26 Apr 2013 18:47:39 GMTAdditional VerificationMedical Necessityhttps://jtnylaw.com/2013/04/summary-judgment-granted-on-mallela-case/https://jtnylaw.com/2013/04/summary-judgment-granted-on-mallela-case/Court grants summary judgment in Mallela case, ruling healthcare providers must meet licensing requirements for no-fault insurance reimbursement under NY Insurance Law.Sun, 21 Apr 2013 23:35:23 GMTMallela issueshttps://jtnylaw.com/2013/04/chubb-defense-not-defeated/https://jtnylaw.com/2013/04/chubb-defense-not-defeated/Court dismisses no-fault claim when medical provider's bare-bones affidavit fails to rebut insurer's causation defense with factual basis or address contrary expert findings.Sun, 21 Apr 2013 23:31:49 GMTCausationCoveragehttps://jtnylaw.com/2013/04/a-preclusion-order-renders-the-defense-deficient-as-a-matter-of-law-prima-facie-burden-established/https://jtnylaw.com/2013/04/a-preclusion-order-renders-the-defense-deficient-as-a-matter-of-law-prima-facie-burden-established/Court awards summary judgment to no-fault provider when preclusion order renders insurance company's defense legally insufficient, establishing prima facie case.Sun, 21 Apr 2013 23:24:43 GMTPrima Facie casehttps://jtnylaw.com/2013/04/defendant-failed-to-meet-its-prima-facie-burden-on-a-medical-necessity-motion/https://jtnylaw.com/2013/04/defendant-failed-to-meet-its-prima-facie-burden-on-a-medical-necessity-motion/Court ruling shows how insufficient peer review reports fail to establish prima facie burden in medical necessity motions under New York no-fault law.Sun, 21 Apr 2013 23:18:07 GMTMedical Necessityhttps://jtnylaw.com/2013/04/ub-04-nothing-else-does-not-equal-prima-facie/https://jtnylaw.com/2013/04/ub-04-nothing-else-does-not-equal-prima-facie/Court rules UB-04 forms alone don't establish prima facie no-fault claims - NF-5 forms required to trigger 30-day payment period under New York insurance law.Fri, 12 Apr 2013 00:22:11 GMTAdditional VerificationPrima Facie casehttps://jtnylaw.com/2013/04/police-accident-report-sufficient-to-trigger-workers-comp-inquiry/https://jtnylaw.com/2013/04/police-accident-report-sufficient-to-trigger-workers-comp-inquiry/New York court rules police accident report alone can trigger Workers' Compensation inquiry, potentially barring no-fault insurance benefits in workplace injury cases.Thu, 11 Apr 2013 22:23:30 GMTWorkers Compensationhttps://jtnylaw.com/2013/04/the-doctor-himself-could-not-get-his-bills-into-evidence/https://jtnylaw.com/2013/04/the-doctor-himself-could-not-get-his-bills-into-evidence/Court rejects doctor's testimony on billing records foundation in NY no-fault case, finding gaps in witness knowledge of separate billing company procedures.Thu, 11 Apr 2013 22:07:59 GMTBusiness recordsEvidencehttps://jtnylaw.com/2013/04/personal-knowledge-became-more-personal/https://jtnylaw.com/2013/04/personal-knowledge-became-more-personal/Court rules attorney affidavit lacking personal knowledge insufficient for EUO no-show summary judgment in New York no-fault caseSat, 06 Apr 2013 20:06:43 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2013/04/msj-ebt/https://jtnylaw.com/2013/04/msj-ebt/Court case analysis showing how failed summary judgment motion led to mandatory EBT order for medical provider in no-fault insurance dispute.Fri, 05 Apr 2013 19:15:57 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2013/04/3977/https://jtnylaw.com/2013/04/3977/New York court ruling clarifies that insurance delay letters must request specific verification to toll statutory payment deadlines, raising questions about required detail levels.Fri, 05 Apr 2013 19:11:24 GMTAdditional Verificationhttps://jtnylaw.com/2013/04/shell-game/https://jtnylaw.com/2013/04/shell-game/Court case analysis where defendant's motion to renew and reargue was denied after defaulting on no-fault insurance summary judgment opposition papers.Fri, 05 Apr 2013 19:08:03 GMTDefaultshttps://jtnylaw.com/2013/04/conclusory-denial-of-receipt-of-ime-letter-is-insufficient-to-stave-off-summary-judgment/https://jtnylaw.com/2013/04/conclusory-denial-of-receipt-of-ime-letter-is-insufficient-to-stave-off-summary-judgment/Court rules that simply denying receipt of an IME notice letter isn't enough to defeat summary judgment in no-fault insurance cases without additional evidence.Mon, 01 Apr 2013 19:24:29 GMTIME issueshttps://jtnylaw.com/2013/04/late-written-notice-excused/https://jtnylaw.com/2013/04/late-written-notice-excused/Court denied excuse for late written notice when attorney failed to explain why claim was initially submitted to wrong carrier, establishing prima facie case for summary judgment.Mon, 01 Apr 2013 19:21:38 GMTTimely submissions of Billshttps://jtnylaw.com/2013/04/another-less-than-noteworthy-prima-facie-decision/https://jtnylaw.com/2013/04/another-less-than-noteworthy-prima-facie-decision/Analysis of New York Diagnostic Med. Care v GEICO decision on prima facie requirements in no-fault insurance claims and medical necessity standards.Mon, 01 Apr 2013 19:16:46 GMTPrima Facie casehttps://jtnylaw.com/2013/04/it-looks-like-someone-did-not-include-the-fee-schedule-as-an-exhibit-in-their-acupuncture-motion/https://jtnylaw.com/2013/04/it-looks-like-someone-did-not-include-the-fee-schedule-as-an-exhibit-in-their-acupuncture-motion/Insurance companies must properly submit fee schedules as evidence when denying acupuncture claims, or risk having their payment denials overturned by courts.Mon, 01 Apr 2013 19:10:16 GMTFee Schedulehttps://jtnylaw.com/2013/04/a-copy-of-a-peer-report-is-all-that-is-needed/https://jtnylaw.com/2013/04/a-copy-of-a-peer-report-is-all-that-is-needed/New York court clarifies that peer review reports need only be copies when requested by providers, and cannot be used as evidence to prove lack of medical necessity at trial.Mon, 01 Apr 2013 19:07:34 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2013/03/policy-exhaustion-and-priority-of-payment/https://jtnylaw.com/2013/03/policy-exhaustion-and-priority-of-payment/Learn how New York no-fault insurance policy limits affect medical provider recovery when coverage is exhausted. Mount Sinai Hospital case analysis.Fri, 22 Mar 2013 03:09:32 GMTCoveragePolicy Exhaustionhttps://jtnylaw.com/2013/03/please-be-quiet/https://jtnylaw.com/2013/03/please-be-quiet/Court ruling on attorney participation rights in nonparty witness depositions, clarifying counsel's limited role during EBT proceedings in NY malpractice cases.Fri, 22 Mar 2013 02:50:31 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2013/03/arbitration-and-personal-jurisdiction/https://jtnylaw.com/2013/03/arbitration-and-personal-jurisdiction/New York court rules personal jurisdiction is not required for no-fault insurance arbitration, distinguishing arbitration from traditional court litigation.Fri, 22 Mar 2013 02:44:25 GMTArbitrationshttps://jtnylaw.com/2013/03/mvaic-cannot-prove-lack-of-coverage-and-wants-interest-tolled-indefinitely/https://jtnylaw.com/2013/03/mvaic-cannot-prove-lack-of-coverage-and-wants-interest-tolled-indefinitely/MVAIC fails to prove lack of no-fault coverage eligibility and seeks indefinite interest tolling in medical provider reimbursement case, raising questions about litigation tactics.Fri, 22 Mar 2013 02:18:42 GMTStatutory interesthttps://jtnylaw.com/2013/03/ime-no-show-complaint-dismissed/https://jtnylaw.com/2013/03/ime-no-show-complaint-dismissed/Court dismissed no-fault claim when patient failed to appear for IME after insurer proved proper notice was mailed and plaintiff couldn't contest nonappearance.Fri, 22 Mar 2013 02:10:59 GMTIME issueshttps://jtnylaw.com/2013/03/the-declaratory-judgment-failed-to-name-everybody/https://jtnylaw.com/2013/03/the-declaratory-judgment-failed-to-name-everybody/New York court ruling on declaratory judgment privity in no-fault insurance cases involving assignee providers and material misrepresentation claims.Fri, 22 Mar 2013 02:05:46 GMTCoverageMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2013/03/motion-in-limine-is-not-a-substitute-for-a-motion-for-summary-judgment/https://jtnylaw.com/2013/03/motion-in-limine-is-not-a-substitute-for-a-motion-for-summary-judgment/Court rules that motions in limine cannot be improperly treated as summary judgment motions, highlighting distinct procedural requirements and timing rules.Tue, 19 Mar 2013 02:40:11 GMTSummary Judgment Issueshttps://jtnylaw.com/2013/03/roggio-not-applicable-where-assignior-executed-assignment-prior-to-arbitrating-medical-bills-in-own-right/https://jtnylaw.com/2013/03/roggio-not-applicable-where-assignior-executed-assignment-prior-to-arbitrating-medical-bills-in-own-right/Roggio doctrine doesn't apply when assignor executed assignment before arbitrating medical bills - NY no-fault insurance law analysis of provider reimbursement claims.Sat, 09 Mar 2013 20:14:43 GMTProcedural Issueshttps://jtnylaw.com/2013/03/deviation-does-not-need-to-be-established-with-medical-literature/https://jtnylaw.com/2013/03/deviation-does-not-need-to-be-established-with-medical-literature/Court rules medical experts don't need literature citations to establish treatment deviation in no-fault cases, relying on professional experience instead.Sat, 09 Mar 2013 20:01:49 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2013/02/a-simple-medical-necessity-decision/https://jtnylaw.com/2013/02/a-simple-medical-necessity-decision/New York court rules that unsworn chiropractor letters lack probative value in no-fault insurance medical necessity disputes, requiring proper foundation.Sun, 24 Feb 2013 17:38:19 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2013/02/it-involved-a-different-matter/https://jtnylaw.com/2013/02/it-involved-a-different-matter/NY court rules generic medical necessity letters and unrelated trial testimony cannot rebut no-fault peer review reports. Long Island defense analysis.Sun, 24 Feb 2013 17:32:27 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2013/02/watch-how-plaintiff-made-prima-facie/https://jtnylaw.com/2013/02/watch-how-plaintiff-made-prima-facie/Compas Med case shows how plaintiff established prima facie case despite untimely EUO denials, demonstrating strategic forum shopping in NY no-fault lawSun, 24 Feb 2013 17:28:04 GMTEUO issuesPrima Facie casehttps://jtnylaw.com/2013/02/checked-off-box-18-i-think-is-sufficient-to-preserve-fee-schedule-defense/https://jtnylaw.com/2013/02/checked-off-box-18-i-think-is-sufficient-to-preserve-fee-schedule-defense/New York court confirms that checking box #18 on denial forms adequately preserves fee schedule defenses in no-fault insurance disputes, providing clarity for insurers.Sun, 24 Feb 2013 17:19:25 GMTFlorida issueshttps://jtnylaw.com/2013/02/again-a-mere-denial-will-not-rebut-proof-that-a-verification-demand-was-mailed/https://jtnylaw.com/2013/02/again-a-mere-denial-will-not-rebut-proof-that-a-verification-demand-was-mailed/Court ruling clarifies that mere denial of receiving verification requests cannot overcome legal presumption of proper mailing in no-fault insurance cases.Sun, 24 Feb 2013 17:16:56 GMTAdditional VerificationNon receipt of billhttps://jtnylaw.com/2013/02/3875/https://jtnylaw.com/2013/02/3875/NY appellate court clarifies IME no-show denial timing rules when verification requests toll insurance company's response deadlines under no-fault law.Sun, 24 Feb 2013 17:14:22 GMTAdditional VerificationIME issueshttps://jtnylaw.com/2013/02/burden-rests-on-medical-provider-to-show-that-defense-is-palpably-improper/https://jtnylaw.com/2013/02/burden-rests-on-medical-provider-to-show-that-defense-is-palpably-improper/Court ruling clarifies burden of proof in no-fault discovery disputes - medical providers must demonstrate defense is palpably improper to oppose discovery motions.Sat, 16 Feb 2013 05:11:20 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2013/02/new-jersey-law-but-see-where-the-carrier-went-wrong/https://jtnylaw.com/2013/02/new-jersey-law-but-see-where-the-carrier-went-wrong/New York court applies New Jersey insurance law in medical provider dispute, highlighting conflicts between state no-fault laws and mandatory dispute resolution requirements.Sat, 16 Feb 2013 05:00:28 GMTChoice of lawhttps://jtnylaw.com/2013/02/3854/https://jtnylaw.com/2013/02/3854/New York court ruling demonstrates how insurance companies can successfully defend no-fault claims when healthcare providers fail to respond to verification requests.Sat, 16 Feb 2013 04:43:05 GMTAdditional VerificationFee Schedulehttps://jtnylaw.com/2013/02/another-in-the-never-ending-line-of-prima-facie-disasters/https://jtnylaw.com/2013/02/another-in-the-never-ending-line-of-prima-facie-disasters/Court ruling demonstrates the challenging burden healthcare providers face when establishing prima facie cases in no-fault insurance summary judgment motions.Sat, 16 Feb 2013 04:27:54 GMTPrima Facie casehttps://jtnylaw.com/2013/02/absence-of-a-business-record-entry-no-motor-vehicle-accident/https://jtnylaw.com/2013/02/absence-of-a-business-record-entry-no-motor-vehicle-accident/Expert analysis of Jesa Med. Supply v NYC Transit Authority and business records evidence. Learn how absent records affect personal injury cases in NY.Sat, 16 Feb 2013 03:52:32 GMTCausationCoveragehttps://jtnylaw.com/2013/02/the-amendments-to-the-regulations-and-what-they-mean-to-you/https://jtnylaw.com/2013/02/the-amendments-to-the-regulations-and-what-they-mean-to-you/Complete analysis of 2013 New York no-fault insurance regulation amendments. Learn how the 120-day rule affects personal injury claims on Long Island and NYC.Thu, 14 Feb 2013 16:07:02 GMTNo-Faulthttps://jtnylaw.com/2013/02/hearsay-it-really-is-not/https://jtnylaw.com/2013/02/hearsay-it-really-is-not/Expert legal analysis of People v Curran and hearsay evidence rules in New York. Learn how victim testimony affects personal injury cases on Long Island and NYC.Mon, 11 Feb 2013 02:52:16 GMTNo-Faulthttps://jtnylaw.com/2013/02/euo-of-a-medical-provider-untimely/https://jtnylaw.com/2013/02/euo-of-a-medical-provider-untimely/New York court rules that insurance company's EUO request for medical provider was untimely, failing to comply with 15-day requirement under no-fault regulations.Sat, 09 Feb 2013 23:00:38 GMTEUO issuesIME issueshttps://jtnylaw.com/2013/02/serious-injury-law-permanent-consequential-significant-limitation-long-island-nyc-cases/https://jtnylaw.com/2013/02/serious-injury-law-permanent-consequential-significant-limitation-long-island-nyc-cases/Expert analysis of Estrella v Geico serious injury case. Learn the crucial differences between permanent consequential and significant limitations in Long Island & NYC personal injury law. Call 516-750-0595.Sat, 09 Feb 2013 22:41:13 GMT5102(d) issueshttps://jtnylaw.com/2013/01/euo-no-show-victory-strategic-legal-analysis-long-island-nyc-medical-providers/https://jtnylaw.com/2013/01/euo-no-show-victory-strategic-legal-analysis-long-island-nyc-medical-providers/Expert analysis of Flatlands Med v State Farm EUO no-show case. Learn strategic approaches for Long Island & NYC medical providers in no-fault insurance disputes. Call 516-750-0595.Fri, 18 Jan 2013 22:28:36 GMTEUO issueshttps://jtnylaw.com/2013/01/new-york-no-fault-additional-verification-challenges-long-island/https://jtnylaw.com/2013/01/new-york-no-fault-additional-verification-challenges-long-island/Understanding New York no-fault additional verification requirements and challenges for healthcare providers. Expert legal guidance for Long Island practices. Call (516) 750-0595.Fri, 18 Jan 2013 22:22:50 GMTAdditional VerificationPrima Facie casehttps://jtnylaw.com/2013/01/cplr-2106-expert-report-requirements-long-island-attorneys/https://jtnylaw.com/2013/01/cplr-2106-expert-report-requirements-long-island-attorneys/Critical analysis of CPLR 2106 expert report authentication requirements in NY litigation. Expert legal guidance for Long Island attorneys. Call (516) 750-0595.Fri, 18 Jan 2013 22:14:37 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2013/01/florida-choice-law-new-york-no-fault-insurance-long-island/https://jtnylaw.com/2013/01/florida-choice-law-new-york-no-fault-insurance-long-island/Understanding how Florida law applies to New York no-fault insurance disputes. Expert legal analysis from Long Island insurance attorneys. Call (516) 750-0595.Fri, 18 Jan 2013 22:06:51 GMTChoice of lawhttps://jtnylaw.com/2013/01/mailing-arguments-fallen-deaf-ears-courts-reject-technical-challenges/https://jtnylaw.com/2013/01/mailing-arguments-fallen-deaf-ears-courts-reject-technical-challenges/Courts reject excessive technical challenges in no-fault insurance cases. Expert analysis of Quality Psychological case from Long Island. Call 516-750-0595.Fri, 18 Jan 2013 19:54:27 GMTMailinghttps://jtnylaw.com/2013/01/ime-no-show-confusing-court-interpretations-duplicate-mailing/https://jtnylaw.com/2013/01/ime-no-show-confusing-court-interpretations-duplicate-mailing/Confused court interpretations of IME no-show duplicate mailing requirements. Expert no-fault insurance analysis from Long Island. Call 516-750-0595.Thu, 10 Jan 2013 15:25:47 GMTIME issueshttps://jtnylaw.com/2013/01/euo-defense-not-substantiated-procedural-requirements/https://jtnylaw.com/2013/01/euo-defense-not-substantiated-procedural-requirements/Learn how insurance companies lose EUO defenses when failing procedural requirements. Expert no-fault attorney analysis from Long Island. Call 516-750-0595.Thu, 10 Jan 2013 15:19:08 GMTEUO issueshttps://jtnylaw.com/2013/01/successful-summary-judgment-defense-no-fault-insurance-parked-vehicle/https://jtnylaw.com/2013/01/successful-summary-judgment-defense-no-fault-insurance-parked-vehicle/Analysis of successful insurance defense summary judgment in NY no-fault case involving parked vehicle. Evidentiary requirements for medical providers. Call 516-750-0595.Thu, 10 Jan 2013 15:13:37 GMTCoverageIntentional losshttps://jtnylaw.com/2013/01/independent-contractor-defense-new-york-no-fault-insurance-precedent/https://jtnylaw.com/2013/01/independent-contractor-defense-new-york-no-fault-insurance-precedent/New precedent protects NYC & Long Island medical providers from post-payment independent contractor challenges in no-fault insurance cases. Call 516-750-0595.Thu, 10 Jan 2013 14:52:13 GMTIndependent contractorStandinghttps://jtnylaw.com/2012/07/date-of-ime-is-guidepost-for-mecical-necessity-determination/https://jtnylaw.com/2012/07/date-of-ime-is-guidepost-for-mecical-necessity-determination/Court clarifies that IME reports cannot retroactively establish lack of medical necessity for treatments provided before the examination date.Tue, 17 Jul 2012 19:21:19 GMTMedical Necessityhttps://jtnylaw.com/2012/07/roggiowestchester-lincoln/https://jtnylaw.com/2012/07/roggiowestchester-lincoln/New York court ruling clarifies medical providers' independent arbitration rights and insurer EUO denial requirements in no-fault insurance cases.Tue, 17 Jul 2012 19:17:10 GMTArbitrationsEUO issueshttps://jtnylaw.com/2012/07/ins-law-5105-loss-transfer-regarding-a-livery-vehilce-and-a-standard-passenger-vehicle/https://jtnylaw.com/2012/07/ins-law-5105-loss-transfer-regarding-a-livery-vehilce-and-a-standard-passenger-vehicle/Fourth Department reverses Supreme Court decision on Ins Law 5105 loss transfer case involving livery vehicle classification and arbitration waiver rules.Fri, 13 Jul 2012 20:44:31 GMTArbitrationsArticle 75https://jtnylaw.com/2012/07/encompass-could-not-save-themselves/https://jtnylaw.com/2012/07/encompass-could-not-save-themselves/Second Department ruling finds Encompass Insurance engaged in deceptive practices by delaying claims settlements, allowing unfair business practices claim to proceed under GBL § 349.Tue, 10 Jul 2012 01:01:01 GMTConsumer Fraudhttps://jtnylaw.com/2012/07/best-evidence-and-the-failure-to-tab-exhibits/https://jtnylaw.com/2012/07/best-evidence-and-the-failure-to-tab-exhibits/Appellate Division ruling on best evidence rule and exhibit tabs in New York courts - when original documents are required and procedural defects matter.Sun, 08 Jul 2012 12:30:07 GMTEvidencehttps://jtnylaw.com/2012/06/malella-and-priority-of-coverage-discovery-disallowed/https://jtnylaw.com/2012/06/malella-and-priority-of-coverage-discovery-disallowed/Court rejects insurer's discovery attempts to find primary coverage and investigate fraudulent incorporation in NY no-fault case, ruling demands improper.Wed, 27 Jun 2012 22:46:00 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2012/06/assignor-did-not-show-up-to-his-ime-and-euo-double-whammy/https://jtnylaw.com/2012/06/assignor-did-not-show-up-to-his-ime-and-euo-double-whammy/Court confirms insurer's summary judgment when assignor failed to appear at both IME and EUO after proper notice, citing Unitrin precedent for no-fault claims.Wed, 27 Jun 2012 22:25:24 GMTEUO issuesIME issuesPersonal knowledge of no showPersonal knowledge of no-showProperly scheduledReasonableness and standard of proofSufficiency of lettershttps://jtnylaw.com/2012/06/electronic-signatures-unconditionally-accepted/https://jtnylaw.com/2012/06/electronic-signatures-unconditionally-accepted/New York First Department rules electronic signatures have same validity as handwritten signatures under State Technology Law § 304(2) for legal affidavits and court documents.Wed, 27 Jun 2012 22:05:03 GMTAffidavitsProcedural Issueshttps://jtnylaw.com/2012/06/a-judge-in-supreme-nassau-on-a-standard-no-fault-applies-unitrin/https://jtnylaw.com/2012/06/a-judge-in-supreme-nassau-on-a-standard-no-fault-applies-unitrin/Nassau Supreme Court applies Unitrin precedent in no-fault case, clarifying burden of proof standards for IME no-show defenses in provider litigation.Wed, 27 Jun 2012 17:00:44 GMTIME issuesPersonal knowledge of no showhttps://jtnylaw.com/2012/06/reverse-pan-chiropractic/https://jtnylaw.com/2012/06/reverse-pan-chiropractic/Ocean Diagnostic v. Allstate case analysis showing how medical necessity burden shifted when plaintiff provided stronger evidence than insurer's peer review report.Wed, 27 Jun 2012 12:43:45 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2012/06/the-substitute-peer-doctor/https://jtnylaw.com/2012/06/the-substitute-peer-doctor/Nassau District Court ruling in Bajaj v GEICO clarifies when substitute peer doctors can testify in no-fault medical necessity cases, overturning restrictive precedent.Sat, 23 Jun 2012 18:30:00 GMTMedical Necessityhttps://jtnylaw.com/2012/06/can-o/https://jtnylaw.com/2012/06/can-o/New York court rejects hospital's jurisdictional challenge in no-fault insurance declaratory judgment action, establishing important precedent for provider liability cases.Sat, 23 Jun 2012 18:21:52 GMTJurisdictionhttps://jtnylaw.com/2012/06/i-wonder-which-plaintiff-no-fault-firm-wrote-this-and-had-this-state-senator-introduce-it/https://jtnylaw.com/2012/06/i-wonder-which-plaintiff-no-fault-firm-wrote-this-and-had-this-state-senator-introduce-it/Analysis of proposed New York no-fault insurance law changes affecting examination under oath procedures and claimant rights in 2012.Fri, 22 Jun 2012 01:03:50 GMTNo-Faulthttps://jtnylaw.com/2012/06/an-interesting-decision-on-a-well-known-performed-of-mua/https://jtnylaw.com/2012/06/an-interesting-decision-on-a-well-known-performed-of-mua/Court decision on CPT codes 99455 and 99456 billing abuse in New York no-fault insurance MUA claims, featuring Flatbush Chiropractic v MetLife arbitration award.Thu, 21 Jun 2012 17:50:50 GMTFee Schedulehttps://jtnylaw.com/2012/06/an-interesting-observation-from-a-district-court-decision/https://jtnylaw.com/2012/06/an-interesting-observation-from-a-district-court-decision/District Court decision explores EUO document request scope and consequences of non-attendance in New York no-fault insurance cases.Tue, 19 Jun 2012 02:00:12 GMTEUO issueshttps://jtnylaw.com/2012/06/ime-no-show-substantiated/https://jtnylaw.com/2012/06/ime-no-show-substantiated/Court reverses order in IME no-show case, establishing key precedent for no-fault insurance claims when proper notice procedures are followed and examinations missed.Tue, 19 Jun 2012 01:52:24 GMTIME issueshttps://jtnylaw.com/2012/06/peer-review/https://jtnylaw.com/2012/06/peer-review/Court ruling emphasizes that peer review reports must provide clear medical rationale and factual basis to successfully challenge medical necessity claims in no-fault cases.Tue, 19 Jun 2012 01:50:23 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2012/06/jumped-the-gun-on-preclusion/https://jtnylaw.com/2012/06/jumped-the-gun-on-preclusion/Appellate Term reverses premature discovery preclusion order, ruling employee with knowledge can verify interrogatories and sanctions require willful misconduct.Tue, 19 Jun 2012 01:46:34 GMTDiscoveryDiscovery sanctionshttps://jtnylaw.com/2012/06/conclusory-affidavit/https://jtnylaw.com/2012/06/conclusory-affidavit/Court ruled healthcare provider's affidavit was insufficient to rebut insurance company's peer review reports denying medical necessity claims.Tue, 19 Jun 2012 01:36:19 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2012/06/form-and-procedure-not-part-of-a-prima-facie-case-in-a-cancellation-case/https://jtnylaw.com/2012/06/form-and-procedure-not-part-of-a-prima-facie-case-in-a-cancellation-case/New York appellate court clarifies burden of proof in no-fault insurance cancellation disputes, shifting responsibility to claimants to prove procedural defects.Tue, 19 Jun 2012 01:33:33 GMTNo-Faulthttps://jtnylaw.com/2012/06/follow-up-verification-issued-25-days-too-late-is-a-loser/https://jtnylaw.com/2012/06/follow-up-verification-issued-25-days-too-late-is-a-loser/Court rules that follow-up EUO verification requests sent more than 25 days late violate Triangle "R" rule, making insurance denials untimely under no-fault regulations.Tue, 19 Jun 2012 01:30:07 GMTEUO issuesIME issueshttps://jtnylaw.com/2012/06/mr-five-boro-finally-squeaks-one-out/https://jtnylaw.com/2012/06/mr-five-boro-finally-squeaks-one-out/Five Boro Psychological Services defeats GEICO on procedural grounds when peer review reports lacked proper CPLR 2106 affidavit requirements in NY no-fault case.Tue, 19 Jun 2012 01:21:39 GMTAffidavitsProcedural Issueshttps://jtnylaw.com/2012/06/the-united-states-postal-service-at-the-appellate-term-again/https://jtnylaw.com/2012/06/the-united-states-postal-service-at-the-appellate-term-again/Appellate Term case Vista Surgical v Clarendon shows prima facie mailing case failed when certified mail receipt lacked proper documentation and witness testimony.Tue, 19 Jun 2012 01:11:28 GMTMailinghttps://jtnylaw.com/2012/06/there-is-something-in-that-rochester-water/https://jtnylaw.com/2012/06/there-is-something-in-that-rochester-water/Fourth Department ruling in Monette v Trummer clarifies that liability includes serious injury determination under Insurance Law 5102(d) for personal injury cases.Tue, 19 Jun 2012 00:54:49 GMT5102(d) issueshttps://jtnylaw.com/2012/06/lawyer-who-tried-to-do-his-job-but-failed-fine-10000/https://jtnylaw.com/2012/06/lawyer-who-tried-to-do-his-job-but-failed-fine-10000/Fourth Department reverses $10,000 sanctions against law firm for pursuing comparative negligence defense in New York personal injury case. Long Island litigation analysis.Tue, 19 Jun 2012 00:39:49 GMTHypo-technical defectsProcedural Issueshttps://jtnylaw.com/2012/06/certificate-of-acknowledgment-may-not-be-cured-nunc-pro-tunc/https://jtnylaw.com/2012/06/certificate-of-acknowledgment-may-not-be-cured-nunc-pro-tunc/NY appellate court rules certificate of acknowledgment defects in prenuptial agreements may be cured nunc pro tunc with proper evidence of contemporaneous execution.Tue, 19 Jun 2012 00:33:43 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2012/06/oral-application-granted-untimely-papers-accepted-and-the-deeming-acceptable-of-an-affirmation-of-a-physician-in-a-different-specialty/https://jtnylaw.com/2012/06/oral-application-granted-untimely-papers-accepted-and-the-deeming-acceptable-of-an-affirmation-of-a-physician-in-a-different-specialty/Court grants oral application accepting untimely expert papers and physician affirmation from different specialty in Buffalo General Hospital case.Tue, 19 Jun 2012 00:04:35 GMTEvidenceExpertsProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2012/06/49-5-hours-of-interrogation-fourth-department-deems-this-acceptable/https://jtnylaw.com/2012/06/49-5-hours-of-interrogation-fourth-department-deems-this-acceptable/Fourth Department upholds confession after 49-hour interrogation with minimal sleep, raising serious questions about police procedure limits and constitutional protections.Tue, 12 Jun 2012 18:08:05 GMTNo-Faulthttps://jtnylaw.com/2012/06/proof-of-exacerbation-insufficient-in-5102d-case-to-defeat-summary-judgment-motion/https://jtnylaw.com/2012/06/proof-of-exacerbation-insufficient-in-5102d-case-to-defeat-summary-judgment-motion/Court rules insufficient proof of exacerbation cannot defeat summary judgment in NY serious injury threshold case. Fourth Department analysis of pre-existing conditions.Tue, 12 Jun 2012 17:51:27 GMT5102(d) issueshttps://jtnylaw.com/2012/06/mr-five-boro-the-distant-cousin-of-mr-all-boro-has-reappeared/https://jtnylaw.com/2012/06/mr-five-boro-the-distant-cousin-of-mr-all-boro-has-reappeared/Court rules insurers don't need to annex medical records reviewed by peer reviewers when defending medical necessity denials. Long Island no-fault defense analysis.Fri, 08 Jun 2012 19:11:40 GMTMedical NecessityMr. Five Boro Awardhttps://jtnylaw.com/2012/06/opposition-for-the-purpose-of-opposition/https://jtnylaw.com/2012/06/opposition-for-the-purpose-of-opposition/Insurance fraud case reveals challenges with internet policy binding and payment requirements, highlighting need for stronger due diligence in no-fault claims.Fri, 08 Jun 2012 15:49:07 GMTCancellation of policyCoverageIntentional lossMr. Five Boro Awardhttps://jtnylaw.com/2012/06/another-liability-appeal/https://jtnylaw.com/2012/06/another-liability-appeal/Personal injury attorney Jason Tenenbaum examines recent liability appeals and challenges the legal maxim about summary judgment being rarely granted in negligence cases.Wed, 06 Jun 2012 19:37:51 GMT5102(d) issueshttps://jtnylaw.com/2012/06/judge-levine-gets-stringsighted-by-the-second-department/https://jtnylaw.com/2012/06/judge-levine-gets-stringsighted-by-the-second-department/Second Department cites Civil Court decisions by Judge Levine on 30-day notice requirements in no-fault insurance, highlighting interesting case law hierarchy.Tue, 05 Jun 2012 23:41:35 GMTTimely notice of claimhttps://jtnylaw.com/2012/06/the-failure-to-serve-a-notice-of-entry-allows-a-7-year-old-case-to-be-adjudicated-on-appeal/https://jtnylaw.com/2012/06/the-failure-to-serve-a-notice-of-entry-allows-a-7-year-old-case-to-be-adjudicated-on-appeal/Court rules that failure to serve notice of entry means the 30-day appeal deadline never starts, allowing a 7-year-old case to proceed on appeal.Tue, 05 Jun 2012 18:02:51 GMTProcedural Issueshttps://jtnylaw.com/2012/05/how-do-you-overcome-the-presumption-of-mailing/https://jtnylaw.com/2012/05/how-do-you-overcome-the-presumption-of-mailing/Learn how to overcome mailing presumptions in NY no-fault insurance cases. Expert analysis of court requirements for affidavits and proof standards.Wed, 30 May 2012 13:05:16 GMTMailingNon receipt of billhttps://jtnylaw.com/2012/05/a-primer-on-florida-law/https://jtnylaw.com/2012/05/a-primer-on-florida-law/Analysis of Florida vs New York no-fault insurance laws, focusing on retroactive policy rescission differences and choice of law implications in cross-state accident cases.Tue, 29 May 2012 13:15:11 GMTChoice of lawCoverageMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2012/05/causation-speculative-failure-to-rebut-doctor/https://jtnylaw.com/2012/05/causation-speculative-failure-to-rebut-doctor/Medical experts must address preexisting conditions when establishing causation in personal injury cases, or risk dismissal for speculative testimony.Sat, 26 May 2012 14:54:14 GMT5102(d) issueshttps://jtnylaw.com/2012/05/causation-speculative/https://jtnylaw.com/2012/05/causation-speculative/Court rejects medical opinions lacking objective basis for causation in no-fault case with prior injuries. Physicians must address pre-existing conditions to establish accident-related disability.Sat, 26 May 2012 14:50:47 GMTNo-Faulthttps://jtnylaw.com/2012/05/10-month-initial-gap-renders-causality-speculative/https://jtnylaw.com/2012/05/10-month-initial-gap-renders-causality-speculative/A 10-month gap in medical treatment following an auto accident rendered causation claims speculative, highlighting the importance of continuous care documentation.Sat, 26 May 2012 14:44:50 GMT5102(d) issueshttps://jtnylaw.com/2012/05/peer-hearsay-and-electronic-signatures/https://jtnylaw.com/2012/05/peer-hearsay-and-electronic-signatures/Appellate court rules on peer review requirements and electronic signature validity in no-fault insurance disputes, clarifying evidence standards for medical necessity challenges.Sat, 26 May 2012 00:30:40 GMTAffidavitsMedical NecessityProcedural IssuesSufficiency of medical evidencehttps://jtnylaw.com/2012/05/supreme-court-venue/https://jtnylaw.com/2012/05/supreme-court-venue/Court rules on venue change rights when defendant files amended answer with additional affirmative defenses in no-fault insurance case.Thu, 24 May 2012 18:46:10 GMTVenuehttps://jtnylaw.com/2012/05/deposition-transcript-v-errata-sheet/https://jtnylaw.com/2012/05/deposition-transcript-v-errata-sheet/When deposition testimony conflicts with errata sheet corrections, courts must deny summary judgment motions due to unresolved credibility issues requiring trial resolution.Thu, 24 May 2012 18:29:24 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2012/05/assignment-valid-during-unresolved-lawsuit/https://jtnylaw.com/2012/05/assignment-valid-during-unresolved-lawsuit/Court rules that valid assignment of mortgage note after lawsuit commencement creates proper basis for plaintiff substitution and caption amendment under CPLR rules.Thu, 24 May 2012 18:12:55 GMTAssignment of BenefitsStandinghttps://jtnylaw.com/2012/05/90180-claim-has-serious-consequences-despite-5102d-dismissal-of-permanent-consequential-and-significan-limitation/https://jtnylaw.com/2012/05/90180-claim-has-serious-consequences-despite-5102d-dismissal-of-permanent-consequential-and-significan-limitation/New York no-fault law creates paradoxical situations where courts dismiss serious injury claims yet allow full damages under 90/180 day categories, highlighting systemic inconsistencies.Thu, 24 May 2012 18:02:51 GMT5102(d) issueshttps://jtnylaw.com/2012/05/funny-joke-but-not-sufficient-for-recusal/https://jtnylaw.com/2012/05/funny-joke-but-not-sufficient-for-recusal/A New York appellate court ruled that a judge's joke about seeking employment with opposing counsel didn't warrant recusal, distinguishing it from serious conflicts of interest.Thu, 24 May 2012 17:48:25 GMTNo-Faulthttps://jtnylaw.com/2012/05/may-2309c-finally-rest-in-peace/https://jtnylaw.com/2012/05/may-2309c-finally-rest-in-peace/New York's Second Department clarifies that missing CPLR 2309(c) certificates of conformity for out-of-state affidavits are not fatal defects in litigation.Thu, 17 May 2012 16:34:45 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2012/05/mailing-not-proven-through-witness-that-was-not-present-when-items-was-deposited-into-the-trusty-usps/https://jtnylaw.com/2012/05/mailing-not-proven-through-witness-that-was-not-present-when-items-was-deposited-into-the-trusty-usps/Court rules that witness who wasn't present during mailing cannot prove proper service, highlighting importance of firsthand testimony in no-fault cases.Thu, 17 May 2012 00:47:59 GMTMailinghttps://jtnylaw.com/2012/05/3144/https://jtnylaw.com/2012/05/3144/DME provider loses case after failing to respond to EUO letter, with court ruling that non-compliance permits denial of all claims, not just pending ones.Thu, 17 May 2012 00:42:49 GMTEUO issuesSufficiency of letters and requestshttps://jtnylaw.com/2012/05/ime-no-show-defense-defeated-based-upon-affidavit-issue-prima-facie-denied-based-upon-a-denial-which-defendant-did-not-prove-was-mailed/https://jtnylaw.com/2012/05/ime-no-show-defense-defeated-based-upon-affidavit-issue-prima-facie-denied-based-upon-a-denial-which-defendant-did-not-prove-was-mailed/IME no-show defense defeated due to affidavit gap - court denies prima facie case where defendant failed to prove mailing of denial for one cause of actionThu, 17 May 2012 00:34:25 GMTIME issuesPrima Facie casehttps://jtnylaw.com/2012/05/acupuncture-fee-schedule-defense-upheld/https://jtnylaw.com/2012/05/acupuncture-fee-schedule-defense-upheld/New York court upholds insurance company's denial of acupuncture claims exceeding workers' compensation fee schedule limits in Raz Acupuncture v New S. Ins. Co.Thu, 17 May 2012 00:00:24 GMTMr. Five Boro Awardhttps://jtnylaw.com/2012/05/the-failure-to-specifically-deny-the-lack-of-appearence-at-an-euo-proves-fatal/https://jtnylaw.com/2012/05/the-failure-to-specifically-deny-the-lack-of-appearence-at-an-euo-proves-fatal/Appeals court confirms that failing to specifically deny a patient's IME no-show in opposition papers proves fatal to a medical provider's no-fault insurance claim.Wed, 16 May 2012 23:54:48 GMTIME issuesPersonal knowledge of no showhttps://jtnylaw.com/2012/05/perl-where-are-you-not-over-here/https://jtnylaw.com/2012/05/perl-where-are-you-not-over-here/New York court rules 13% range of motion loss insufficient for serious injury under Insurance Law § 5102(d), requiring plaintiffs to rebut defense radiologist findings.Fri, 11 May 2012 01:51:33 GMT5102(d) issueshttps://jtnylaw.com/2012/05/non-compulsory-arbitration-award-vacated/https://jtnylaw.com/2012/05/non-compulsory-arbitration-award-vacated/Court vacates arbitration award when plaintiff denied basic procedural rights including notice, opportunity to be heard, and to present evidence under CPLR Article 75.Fri, 11 May 2012 01:48:38 GMTArbitrationsArticle 75https://jtnylaw.com/2012/05/mailing-case-sent-but-never-received/https://jtnylaw.com/2012/05/mailing-case-sent-but-never-received/New York court ruling on proving non-receipt of mailed documents in no-fault insurance cases, establishing standards for rebutting mailing presumptions.Sun, 06 May 2012 02:23:10 GMTMailinghttps://jtnylaw.com/2012/05/service-of-papers-in-accordance-with-the-cplr-should-be-considered-even-if-not-in-accordance-with-the-kings-county-civil-court-briefing-schedules/https://jtnylaw.com/2012/05/service-of-papers-in-accordance-with-the-cplr-should-be-considered-even-if-not-in-accordance-with-the-kings-county-civil-court-briefing-schedules/Kings County Civil Court case shows CPLR service rules should prevail over local briefing schedules when no prejudice exists in no-fault insurance litigation.Sat, 05 May 2012 22:07:06 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2012/05/again-prima-facie/https://jtnylaw.com/2012/05/again-prima-facie/Court ruling demonstrates how healthcare providers must prove insurance companies failed to timely pay or properly deny no-fault claims to establish prima facie case.Sat, 05 May 2012 22:01:59 GMTPrima Facie casehttps://jtnylaw.com/2012/05/the-policy-does-not-need-to-be-included-in-the-motion-papers/https://jtnylaw.com/2012/05/the-policy-does-not-need-to-be-included-in-the-motion-papers/Court rules insurance companies don't need to include policy documents in motion papers when seeking examination under oath in no-fault cases.Sat, 05 May 2012 21:57:17 GMTEUO issueshttps://jtnylaw.com/2012/05/affidavit-deemed-insufficient-under-a-pan-chiro-analysis/https://jtnylaw.com/2012/05/affidavit-deemed-insufficient-under-a-pan-chiro-analysis/Court finds physician's affidavit insufficient under Pan Chiro standards, raising questions about evolving requirements for medical necessity evidence in no-fault cases.Sat, 05 May 2012 21:55:08 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2012/05/court-enforces-summary-judgment-upon-failure-to-make-a-prompt-application-to-the-comp-board/https://jtnylaw.com/2012/05/court-enforces-summary-judgment-upon-failure-to-make-a-prompt-application-to-the-comp-board/Court enforces summary judgment when medical provider fails to timely apply to Workers' Compensation Board in New York no-fault insurance caseSat, 05 May 2012 21:48:02 GMTNo-Faulthttps://jtnylaw.com/2012/05/3404-and-3216-collide-well-somewhat/https://jtnylaw.com/2012/05/3404-and-3216-collide-well-somewhat/Court ruling on CPLR 3404 vs 3216 dismissal motions in no-fault insurance breach of contract case, discussing procedural requirements and litigation delays.Sat, 05 May 2012 21:41:40 GMT3404Procedural Issueshttps://jtnylaw.com/2012/05/denial-and-eob-is-sufficient-to-preserve-fee-schedule-defense/https://jtnylaw.com/2012/05/denial-and-eob-is-sufficient-to-preserve-fee-schedule-defense/New York court rules that denial letters with EOB forms adequately preserve fee schedule defenses in no-fault insurance disputes, even without explicit notice requirements.Sat, 05 May 2012 21:36:49 GMTFee Schedulehttps://jtnylaw.com/2012/05/final-order-of-preclusion-became-automatic-no-need-to-move-for-one/https://jtnylaw.com/2012/05/final-order-of-preclusion-became-automatic-no-need-to-move-for-one/Court rules conditional preclusion order becomes automatic upon non-compliance, but plaintiff still must prove prima facie case for summary judgmentSat, 05 May 2012 21:33:35 GMTDiscoveryDiscovery sanctionsPrima Facie casehttps://jtnylaw.com/2012/05/refused-to-blow-and-kept-his-license/https://jtnylaw.com/2012/05/refused-to-blow-and-kept-his-license/Rare DWI refusal case where driver kept license despite refusing breathalyzer test - field sobriety video contradicted officer's impairment observations in NY courtSat, 05 May 2012 21:25:41 GMTDWI issueshttps://jtnylaw.com/2012/05/permanent-consequential-and-significan-limitation-non-suited-despite-perl/https://jtnylaw.com/2012/05/permanent-consequential-and-significan-limitation-non-suited-despite-perl/Third Department case analysis where permanent consequential and significant limitation claims failed despite Perl precedent due to inadequate medical proof and causation issues.Sat, 05 May 2012 21:18:04 GMT5102(d) issueshttps://jtnylaw.com/2012/05/90180-discussion-interpretation-of-perl/https://jtnylaw.com/2012/05/90180-discussion-interpretation-of-perl/Crawford-Reese v Woodard case analysis: 90/180 threshold motion requirements, medical evidence standards, and Perl interpretation for NY serious injury law.Sat, 05 May 2012 21:09:47 GMT5102(d) issueshttps://jtnylaw.com/2012/05/right-to-confrontation-trumps-hippa/https://jtnylaw.com/2012/05/right-to-confrontation-trumps-hippa/New York Court of Appeals case examining how Sixth Amendment confrontation rights can override HIPAA privacy protections in criminal proceedings involving hospital records.Thu, 03 May 2012 16:03:51 GMTEvidencehttps://jtnylaw.com/2012/05/4518a-deals-with-certification/https://jtnylaw.com/2012/05/4518a-deals-with-certification/Court ruling clarifies CPLR 4518(a) certification requirements for police accident reports as business records in New York personal injury cases.Thu, 03 May 2012 15:50:08 GMTBusiness recordsEvidencehttps://jtnylaw.com/2012/04/brutal-loss-on-a-coverage-case/https://jtnylaw.com/2012/04/brutal-loss-on-a-coverage-case/Court rules State Farm's 15-day delay in sending disclaimer letters after completing investigation was unreasonable, resulting in waived coverage defenses.Wed, 25 Apr 2012 21:54:35 GMTPreservation of defenses on NF-10Procedural Issueshttps://jtnylaw.com/2012/04/the-failure-to-affirmatively-seek-judicial-notice-of-the-fee-schedule-again-proves-fatal-to-a-motion-for-summary-judgment/https://jtnylaw.com/2012/04/the-failure-to-affirmatively-seek-judicial-notice-of-the-fee-schedule-again-proves-fatal-to-a-motion-for-summary-judgment/New York court ruling on fee schedule defense failures in no-fault insurance summary judgment motions, highlighting judicial notice requirements for claims examiners.Wed, 25 Apr 2012 21:43:47 GMTFee Schedulehttps://jtnylaw.com/2012/04/district-suffolk-reversed-oral-applications-to-vacate-a-default-are-not-appropriate/https://jtnylaw.com/2012/04/district-suffolk-reversed-oral-applications-to-vacate-a-default-are-not-appropriate/Appeals court reverses district court decision allowing oral default applications, emphasizing proper motion procedures are required under CPLR 2214.Wed, 25 Apr 2012 21:38:05 GMTDefaultshttps://jtnylaw.com/2012/04/summary-judgment-granted-under-the-new-interpretation-of-prima-facie/https://jtnylaw.com/2012/04/summary-judgment-granted-under-the-new-interpretation-of-prima-facie/Court grants summary judgment under new prima facie interpretation for no-fault billing manager affidavit establishing timely claim submission within 45 days.Wed, 25 Apr 2012 21:35:28 GMTPrima Facie caseTimely submissions of Billshttps://jtnylaw.com/2012/04/mr-five-boro-at-it-again-3/https://jtnylaw.com/2012/04/mr-five-boro-at-it-again-3/Five Boro Psychological Services loses another appeal due to insufficient evidence in their motion for summary judgment, highlighting the importance of proper documentation in no-fault cases.Wed, 25 Apr 2012 21:31:01 GMTMr. Five Boro Awardhttps://jtnylaw.com/2012/04/3063/https://jtnylaw.com/2012/04/3063/New York appellate court case analyzing motion to renew procedures and trial calendar restoration after clerical errors in personal injury litigation.Wed, 25 Apr 2012 20:49:53 GMTProcedural IssuesRenew and rearguehttps://jtnylaw.com/2012/04/renewal-is-allowed-to-correct-2106-hiccups/https://jtnylaw.com/2012/04/renewal-is-allowed-to-correct-2106-hiccups/New York appellate court clarifies that renewal motions can be granted when parties correct procedural errors in previously submitted documents, even if the underlying facts existed before.Wed, 25 Apr 2012 20:41:10 GMTProcedural IssuesRenew and rearguehttps://jtnylaw.com/2012/04/mark-it-up-fax-it-back-and-see-what-happens/https://jtnylaw.com/2012/04/mark-it-up-fax-it-back-and-see-what-happens/Court ruling shows how handwritten changes to no-fault stipulations can become binding through acquiescent conduct, even when plaintiff later tries to enforce original terms.Tue, 17 Apr 2012 01:57:15 GMTProcedural IssuesStipulationshttps://jtnylaw.com/2012/04/5102d-and-a-dissent-discussing-no-fault/https://jtnylaw.com/2012/04/5102d-and-a-dissent-discussing-no-fault/Court ruling on 5102(d) serious injury claims requiring proof of no-fault exhaustion and inability to pay medical bills, with dissenting opinion analysis.Tue, 17 Apr 2012 01:33:54 GMT5102(d) issueshttps://jtnylaw.com/2012/04/the-search-for-the-mystical-torres-and-the-hunt-to-obtain-post-appellate-renewal/https://jtnylaw.com/2012/04/the-search-for-the-mystical-torres-and-the-hunt-to-obtain-post-appellate-renewal/Court denies plaintiff's motion to renew lost summary judgment motion 12 years later in premises liability case, highlighting strict standards for post-appellate renewal motions.Tue, 17 Apr 2012 00:59:41 GMTProcedural IssuesRenew and rearguehttps://jtnylaw.com/2012/04/so-the-newest-2309c-case-now-holds-that-this-statute-is-irrelevet/https://jtnylaw.com/2012/04/so-the-newest-2309c-case-now-holds-that-this-statute-is-irrelevet/Second Department rules that CPLR 2309(c) notarization defects are not fatal when corrective certification can be provided nunc pro tunc under CPLR 2001.Mon, 09 Apr 2012 03:45:53 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2012/04/prima-facie-gone-bad/https://jtnylaw.com/2012/04/prima-facie-gone-bad/A 2012 case shows how medical providers can lose no-fault summary judgment motions when their affidavits fail to clearly establish the insurer's denial was untimely or legally insufficient.Mon, 09 Apr 2012 03:35:38 GMTPrima Facie casehttps://jtnylaw.com/2012/04/another-prima-facie-disaster-in-the-second-department/https://jtnylaw.com/2012/04/another-prima-facie-disaster-in-the-second-department/Second Department court ruling in Flatlands Med. v Allstate shows strict prima facie requirements for no-fault insurance summary judgment motions under CPLR 3212(g).Mon, 09 Apr 2012 03:31:09 GMTPrima Facie casehttps://jtnylaw.com/2012/04/an-attorneys-statement-i-e-he-did-not-show-up-is-sufficient-to-support-euo-defense/https://jtnylaw.com/2012/04/an-attorneys-statement-i-e-he-did-not-show-up-is-sufficient-to-support-euo-defense/New York court ruling confirms attorney affirmations stating claimants failed to appear at EUOs are sufficient evidence to establish no-show defense in no-fault cases.Mon, 09 Apr 2012 03:26:49 GMTEUO issuesIME issuesPersonal knowledge of no showPersonal knowledge of no-showhttps://jtnylaw.com/2012/04/mvaic-failed-to-disprove-that-the-accident-was-the-cause-of-the-injuries/https://jtnylaw.com/2012/04/mvaic-failed-to-disprove-that-the-accident-was-the-cause-of-the-injuries/MVAIC fails to prove motor vehicle accident didn't cause injuries using inadmissible hearsay police report, resulting in summary judgment loss in NY court.Mon, 09 Apr 2012 03:16:57 GMTCoverageUse and Operationhttps://jtnylaw.com/2012/04/an-ime-no-show-case-from-the-9th-and-10th/https://jtnylaw.com/2012/04/an-ime-no-show-case-from-the-9th-and-10th/A 9th and 10th Judicial District case demonstrates how insurers can successfully defend IME no-show claims through proper documentation of office procedures and physician affidavits.Mon, 09 Apr 2012 03:06:25 GMTIME issueshttps://jtnylaw.com/2012/04/judicial-notice-applies-to-e-court-website/https://jtnylaw.com/2012/04/judicial-notice-applies-to-e-court-website/New York courts can take judicial notice of information on the official E-Courts website, allowing judges to consider publicly available court records without formal evidence presentation.Mon, 09 Apr 2012 03:00:35 GMTEvidenceHearsayhttps://jtnylaw.com/2012/04/notice-of-trial-vacated-based-upon-a-detailed-mallela-showing/https://jtnylaw.com/2012/04/notice-of-trial-vacated-based-upon-a-detailed-mallela-showing/Court vacates trial notice when defendant provides detailed Mallela defense showing plaintiff lacks proper licensing requirements for no-fault benefits recovery.Mon, 09 Apr 2012 02:57:43 GMTMallela issueshttps://jtnylaw.com/2012/03/more-mua/https://jtnylaw.com/2012/03/more-mua/Court case analysis examining chiropractor MUA billing disputes under NY no-fault fee schedules, including rate limitations and multiple procedure rules.Wed, 28 Mar 2012 20:24:11 GMTFee Schedulehttps://jtnylaw.com/2012/03/knowledge-is-quite-a-broad-term/https://jtnylaw.com/2012/03/knowledge-is-quite-a-broad-term/New York Court of Appeals clarifies that property owners need only notice of conditions, not that they knew those conditions were dangerous for negligence claims.Wed, 28 Mar 2012 20:13:03 GMTNo-Faulthttps://jtnylaw.com/2012/03/5520-applies-to-reargument-orders-that-were-never-appealed/https://jtnylaw.com/2012/03/5520-applies-to-reargument-orders-that-were-never-appealed/Court applies CPLR 5520 to treat defective appeal as valid when appellant failed to appeal reargument order that superseded original order.Wed, 28 Mar 2012 20:08:44 GMTHypo-technical defectsProcedural Issueshttps://jtnylaw.com/2012/03/major-medical-carrier-taken-to-the-mat-for-unscrupulous-conduct/https://jtnylaw.com/2012/03/major-medical-carrier-taken-to-the-mat-for-unscrupulous-conduct/Get expert legal analysis on Major medical carrier taken to the mat for unscrupulous conduct from Law Office of Jason Tenenbaum | Personal Injury LawyersSat, 24 Mar 2012 22:17:14 GMTNo-Faulthttps://jtnylaw.com/2012/03/another-no-fault-physician-commits-insurance-fraud/https://jtnylaw.com/2012/03/another-no-fault-physician-commits-insurance-fraud/Doctor convicted of insurance fraud for falsifying no-fault C-4 forms, showing patient as disabled when they were working. Court upheld conviction based on consistent witness testimony.Wed, 21 Mar 2012 14:23:15 GMTNo-Faulthttps://jtnylaw.com/2012/03/they-call-her-crash/https://jtnylaw.com/2012/03/they-call-her-crash/Court analysis of four accidents determining which qualify for serious injury under 5102(d), examining significant limitation vs permanent consequential categories.Wed, 21 Mar 2012 14:15:58 GMT5102(d) issueshttps://jtnylaw.com/2012/03/when-can-you-change-the-caption/https://jtnylaw.com/2012/03/when-can-you-change-the-caption/Fourth Department ruling on CPLR 305(c) caption amendments in no-fault cases - when substitution fails and proper procedural requirements for changing party names.Wed, 21 Mar 2012 13:57:50 GMTProcedural Issueshttps://jtnylaw.com/2012/03/what-are-objective-signs-of-continuing-disability/https://jtnylaw.com/2012/03/what-are-objective-signs-of-continuing-disability/Court case examines objective medical tests for proving continuing disability in personal injury cases, including EMG tests, straight leg tests, and muscle spasm documentation.Wed, 21 Mar 2012 13:54:17 GMT5102(d) issueshttps://jtnylaw.com/2012/03/renewal-granted-and-plaintiff-loses/https://jtnylaw.com/2012/03/renewal-granted-and-plaintiff-loses/Court grants renewal motion after law office failure, defendant wins summary judgment in no-fault insurance case when plaintiff fails to raise triable issues of fact.Tue, 20 Mar 2012 19:09:25 GMTFee ScheduleMedical NecessityProcedural IssuesRenew and rearguehttps://jtnylaw.com/2012/03/civil-court-overturns-appellate-term-precedent/https://jtnylaw.com/2012/03/civil-court-overturns-appellate-term-precedent/Civil Court overturns Appellate Term precedent on no-fault peer review expert testimony, ruling original peer reviewer must testify at trialTue, 13 Mar 2012 20:01:08 GMTEvidenceExpertsHearsayhttps://jtnylaw.com/2012/03/a-bad-day-for-mr-pearson/https://jtnylaw.com/2012/03/a-bad-day-for-mr-pearson/Pearson v Miles demonstrates how failing to properly allege the 90/180 day injury category in a bill of particulars can doom a no-fault threshold case.Mon, 12 Mar 2012 23:03:52 GMT5102(d) issueshttps://jtnylaw.com/2012/03/would-you-go-to-this-psychologist/https://jtnylaw.com/2012/03/would-you-go-to-this-psychologist/Burns v Kaplan case analysis: psychotherapist sues patient for missed appointment fee, patient claims medical emergency defense in small claims court dispute.Mon, 12 Mar 2012 22:59:34 GMTNo-Faulthttps://jtnylaw.com/2012/03/letter-of-medical-necessity-sufficient-to-raise-an-issue-of-fact/https://jtnylaw.com/2012/03/letter-of-medical-necessity-sufficient-to-raise-an-issue-of-fact/Court ruling demonstrates that a treating physician's letter of medical necessity can create sufficient factual disputes to defeat summary judgment in no-fault insurance cases.Mon, 12 Mar 2012 20:00:01 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2012/03/no-coverage-due-to-lack-of-proof-regarding-claimants-status-as-resident-relative/https://jtnylaw.com/2012/03/no-coverage-due-to-lack-of-proof-regarding-claimants-status-as-resident-relative/Rally Chiropractic v Nationwide case ruling on no-fault coverage denial due to assignor not regularly residing with insured under NY regulations.Mon, 12 Mar 2012 19:56:29 GMTCoverageResident Relativehttps://jtnylaw.com/2012/03/another-motion-to-dismiss-an-initial-acupuncture-session-is-denied/https://jtnylaw.com/2012/03/another-motion-to-dismiss-an-initial-acupuncture-session-is-denied/New York Appellate Term denies insurer's motion to dismiss acupuncture provider's claim for initial session, reinforcing provider rights under no-fault law.Mon, 12 Mar 2012 19:49:41 GMTFee Schedulehttps://jtnylaw.com/2012/03/business-record-rule-applies-to-hospitals-also/https://jtnylaw.com/2012/03/business-record-rule-applies-to-hospitals-also/Court ruling shows hospitals must prove their records qualify as business records for summary judgment in no-fault cases, adding procedural hurdle.Mon, 12 Mar 2012 19:47:13 GMTBusiness recordsEvidencehttps://jtnylaw.com/2012/03/a-signature-placed-at-the-direction-of-the-signor/https://jtnylaw.com/2012/03/a-signature-placed-at-the-direction-of-the-signor/Court ruling clarifies that electronic signatures placed at the direction of the signor are legally valid, even when appearing as facsimile stamps on peer review reports.Mon, 12 Mar 2012 19:43:53 GMTAffidavitsEvidenceProcedural Issueshttps://jtnylaw.com/2012/03/2917/https://jtnylaw.com/2012/03/2917/New York appellate court reinforces requirement for insurance carriers to properly submit fee schedules as evidence in acupuncture reimbursement disputes under no-fault law.Mon, 12 Mar 2012 19:39:26 GMTFee Schedulehttps://jtnylaw.com/2012/03/objected-to-inadmissible-proof-spells-doom/https://jtnylaw.com/2012/03/objected-to-inadmissible-proof-spells-doom/Court dismisses no-fault case after plaintiff objects to inadmissible proof, highlighting importance of sworn medical reports and hearsay rules in New York.Mon, 12 Mar 2012 19:35:11 GMTEvidenceExpertsHearsayMedical Necessityhttps://jtnylaw.com/2012/03/some-evidentiary-issues/https://jtnylaw.com/2012/03/some-evidentiary-issues/New York appellate court addresses key evidentiary issues including hearsay exceptions, interrogatory use for impeachment, and harmless error doctrine in civil litigation.Thu, 08 Mar 2012 21:57:50 GMTNo-Faulthttps://jtnylaw.com/2012/03/another-substitute-peer-case-finds-it-way-back-on-remand-but-the-dissent-is-potent/https://jtnylaw.com/2012/03/another-substitute-peer-case-finds-it-way-back-on-remand-but-the-dissent-is-potent/Appellate Term reverses trial court's exclusion of substitute expert testimony in no-fault medical necessity case, with strong dissent on expert testimony scope.Fri, 02 Mar 2012 21:34:43 GMTMedical Necessityhttps://jtnylaw.com/2012/03/a-lesson-on-why-the-failure-to-attempt-a-dj-on-an-euo-no-show-can-spell-doom/https://jtnylaw.com/2012/03/a-lesson-on-why-the-failure-to-attempt-a-dj-on-an-euo-no-show-can-spell-doom/A 2012 case highlights how insurance companies must properly establish EUO scheduling to avoid losing their right to deny claims based on no-shows.Fri, 02 Mar 2012 21:29:34 GMTEUO issuesTimeliness of requestshttps://jtnylaw.com/2012/03/lack-of-causation-proven-prima-facie-through-a-biomechanical-study/https://jtnylaw.com/2012/03/lack-of-causation-proven-prima-facie-through-a-biomechanical-study/Court grants summary judgment based on biomechanical engineer's conclusion that claimed injuries could not have resulted from the accident, shifting burden to plaintiff.Fri, 02 Mar 2012 21:25:56 GMTAdditional VerificationCoveragehttps://jtnylaw.com/2012/03/a-mallela-defense-does-not-have-to-be-pleaded/https://jtnylaw.com/2012/03/a-mallela-defense-does-not-have-to-be-pleaded/Appellate Term rules Mallela defense doesn't require formal pleading - adequate allegations of fraudulent incorporation sufficient for discovery rightsFri, 02 Mar 2012 21:10:16 GMTMallela issueshttps://jtnylaw.com/2012/03/abusive-summation-and-cross-examination-causes-this-case-to-go-back-to-trial/https://jtnylaw.com/2012/03/abusive-summation-and-cross-examination-causes-this-case-to-go-back-to-trial/New York court reverses personal injury verdict due to defense attorney's abusive summation and improper cross-examination that denigrated medical experts.Fri, 02 Mar 2012 20:00:29 GMTExpertshttps://jtnylaw.com/2012/03/3212b-motion-affidavit-from-movant-necessary/https://jtnylaw.com/2012/03/3212b-motion-affidavit-from-movant-necessary/CPLR 3212(b) motion requirements: when affidavit from movant is necessary for summary judgment in New York courts, based on Maragos v Sakurai case analysis.Fri, 02 Mar 2012 19:52:46 GMTSummary Judgment Issueshttps://jtnylaw.com/2012/03/use-and-operation/https://jtnylaw.com/2012/03/use-and-operation/Cividanes v City of New York case analysis examining "use and operation" requirements for no-fault coverage when plaintiff injured exiting bus into pothole.Thu, 01 Mar 2012 22:02:30 GMTCoverageUse and Operationhttps://jtnylaw.com/2012/02/requestee-pays-for-discovery/https://jtnylaw.com/2012/02/requestee-pays-for-discovery/New York court rules on discovery costs burden in litigation - requestee pays first, with limited cost-shifting options available.Wed, 29 Feb 2012 15:25:56 GMTDiscoveryhttps://jtnylaw.com/2012/02/why-take-a-default-in-the-first-department/https://jtnylaw.com/2012/02/why-take-a-default-in-the-first-department/New York's First Department shows leniency in vacating default judgments when law office failures are excusable and no prejudice exists to the opposing party.Wed, 29 Feb 2012 03:01:23 GMTDefaultshttps://jtnylaw.com/2012/02/no-fault-and-uninsured-motorist-subrogation/https://jtnylaw.com/2012/02/no-fault-and-uninsured-motorist-subrogation/Court ruling on no-fault and uninsured motorist subrogation requiring physical examination and prima facie proof of serious injury and medical necessity.Tue, 28 Feb 2012 01:17:43 GMTPrima Facie casehttps://jtnylaw.com/2012/02/a-passenger-may-move-for-partial-summary-judgment-re-liability/https://jtnylaw.com/2012/02/a-passenger-may-move-for-partial-summary-judgment-re-liability/Passenger wins partial summary judgment on liability in NY appellate case, demonstrating effective legal strategy for innocent passengers in multi-vehicle accidents.Tue, 28 Feb 2012 01:11:00 GMTPrima Facie casehttps://jtnylaw.com/2012/02/euo-no-show-from-the-first/https://jtnylaw.com/2012/02/euo-no-show-from-the-first/Court ruling confirms insurers can deny no-fault claims when assignors fail to appear for properly noticed examinations under oath (EUOs).Fri, 24 Feb 2012 19:55:36 GMTEUO issuesSufficiency of letters and requestshttps://jtnylaw.com/2012/02/cplr-2221a-motion-vacate-court-orders-procedural-law-analysis/https://jtnylaw.com/2012/02/cplr-2221a-motion-vacate-court-orders-procedural-law-analysis/Learn when CPLR 2221(a) motions are appropriate for vacating court orders in NY personal injury cases. Expert analysis of Tangalin v MTA decision.Sat, 18 Feb 2012 01:13:01 GMTProcedural IssuesRenew and rearguehttps://jtnylaw.com/2012/02/business-record-challenge-police-report-evidence-law-analysis/https://jtnylaw.com/2012/02/business-record-challenge-police-report-evidence-law-analysis/Learn how business records exceptions affect police report admissibility in NY personal injury cases. Expert analysis of Hernandez v Tepan decision for Long Island attorneys.Sat, 18 Feb 2012 01:01:59 GMTBusiness recordsEvidencehttps://jtnylaw.com/2012/02/second-medical-loses-prima-facie-personal-injury-analysis/https://jtnylaw.com/2012/02/second-medical-loses-prima-facie-personal-injury-analysis/Second Medical loses another prima facie case in NY personal injury law. Learn what makes a strong prima facie case and avoid common litigation mistakes.Sat, 18 Feb 2012 00:44:49 GMTPrima Facie casehttps://jtnylaw.com/2012/02/understanding-res-judicata-no-fault-insurance/https://jtnylaw.com/2012/02/understanding-res-judicata-no-fault-insurance/Learn how res judicata doctrine affects no-fault insurance litigation in NY. Expert analysis of declaratory judgments and legal barriers for medical providers.Sat, 18 Feb 2012 00:28:06 GMTDeclaratory JudgmentsMr. Five Boro AwardProcedural IssuesRes Judicatahttps://jtnylaw.com/2012/02/no-fault-insurance-medical-necessity-praetorian-standard/https://jtnylaw.com/2012/02/no-fault-insurance-medical-necessity-praetorian-standard/Expert analysis of medical necessity requirements in NY no-fault insurance. Learn from Praetorian case precedent for Long Island & NYC medical providers.Sat, 18 Feb 2012 00:21:36 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2012/02/unitrin-nassau-county-ime-no-show-front-back-door-legal-analysis/https://jtnylaw.com/2012/02/unitrin-nassau-county-ime-no-show-front-back-door-legal-analysis/Analysis of Nassau County court applying Unitrin v. Bayshore in American Transit v. Mayo IME no-show case. Expert legal analysis of front/back door channels.Sat, 11 Feb 2012 23:20:48 GMTIME issueshttps://jtnylaw.com/2012/02/document-forgery-standards-new-york-courts-legal-evidence-requirements/https://jtnylaw.com/2012/02/document-forgery-standards-new-york-courts-legal-evidence-requirements/Learn the legal standards for proving document forgery in New York courts. Expert analysis of JPMorgan Chase Bank v. Bauer case and evidentiary requirements.Fri, 10 Feb 2012 19:44:28 GMTAffidavitsProcedural Issueshttps://jtnylaw.com/2012/02/surgical-center-article-28-licensing-new-york-reimbursement-requirements/https://jtnylaw.com/2012/02/surgical-center-article-28-licensing-new-york-reimbursement-requirements/New York court rules surgical centers can receive no-fault reimbursement without Article 28 licensing if properly accredited under the Office-Based Surgery Law. Long Island analysis.Sat, 04 Feb 2012 04:37:39 GMTFee Schedulehttps://jtnylaw.com/2012/02/no-fault-insurance-medical-necessity-stipulated-evidence/https://jtnylaw.com/2012/02/no-fault-insurance-medical-necessity-stipulated-evidence/Expert guidance on no-fault insurance medical necessity disputes in NY. Learn how stipulated evidence can defeat claims. Strategic trial advice. Call 516-750-0595.Sat, 04 Feb 2012 04:28:31 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2012/02/appellate-jurisdiction-court-orders-appeals-new-york/https://jtnylaw.com/2012/02/appellate-jurisdiction-court-orders-appeals-new-york/Understand appellate jurisdiction in NY courts. Learn when court orders can and cannot be appealed. Expert appellate guidance for Long Island and NYC. Call 516-750-0595.Fri, 03 Feb 2012 22:36:57 GMTNo-Faulthttps://jtnylaw.com/2012/02/credit-card-debt-collection-defense-long-island-nyc/https://jtnylaw.com/2012/02/credit-card-debt-collection-defense-long-island-nyc/Expert credit card debt collection defense for Long Island and NYC residents. Understand your rights and defenses against credit card lawsuits. Call 516-750-0595.Fri, 03 Feb 2012 22:33:14 GMTNo-Faulthttps://jtnylaw.com/2012/02/strategic-decision-making-appeals-workers-compensation-rulings/https://jtnylaw.com/2012/02/strategic-decision-making-appeals-workers-compensation-rulings/Strategic analysis of when not to appeal unfavorable workers' compensation rulings in New York. Expert insights on cost-benefit decisions for Long Island attorneys.Fri, 03 Feb 2012 22:01:13 GMTWorkers Compensationhttps://jtnylaw.com/2012/02/progressive-insurance-peer-review-procedural-failures-no-fault-defense/https://jtnylaw.com/2012/02/progressive-insurance-peer-review-procedural-failures-no-fault-defense/Progressive's peer review defense fails due to improper affidavit procedures in NY no-fault case, showing how procedural errors can defeat strong defenses.Fri, 03 Feb 2012 21:54:37 GMTAffidavitsHypo-technical defectsMr. Five Boro AwardProcedural Issueshttps://jtnylaw.com/2012/02/understanding-medical-necessity-peer-review-requirements-new-york-no-fault-cases/https://jtnylaw.com/2012/02/understanding-medical-necessity-peer-review-requirements-new-york-no-fault-cases/Learn how New York no-fault insurance medical necessity determinations and peer review requirements impact healthcare providers in Long Island and NYC court cases.Fri, 03 Feb 2012 19:18:13 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2012/02/improper-affirmation-cplr-2106-new-york-personal-injury/https://jtnylaw.com/2012/02/improper-affirmation-cplr-2106-new-york-personal-injury/New York CPLR 2106 affirmation requirements in personal injury cases. Learn how improper affirmations can cost plaintiffs their cases and technical compliance rules.Fri, 03 Feb 2012 19:15:42 GMT2106 and 2309Medical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2012/02/medical-necessity-doctor-affidavit-new-york-no-fault/https://jtnylaw.com/2012/02/medical-necessity-doctor-affidavit-new-york-no-fault/Learn how doctor affidavits create questions of fact for medical necessity in NY no-fault insurance cases. Essential guidance for Long Island personal injury claims.Fri, 03 Feb 2012 19:13:11 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2012/02/case-reserves-remain-limbo-new-york-personal-injury/https://jtnylaw.com/2012/02/case-reserves-remain-limbo-new-york-personal-injury/Learn how New York court calendar restoration rules create legal limbo for personal injury cases, keeping insurance reserves tied up indefinitely in Long Island and NYC.Fri, 03 Feb 2012 19:09:52 GMT3404Procedural Issueshttps://jtnylaw.com/2012/01/wrong-on-the-law/https://jtnylaw.com/2012/01/wrong-on-the-law/Court incorrectly rules IME findings aren't conclusive for post-IME treatments in no-fault insurance case, contradicting established precedent.Fri, 27 Jan 2012 21:05:29 GMTNo-Faulthttps://jtnylaw.com/2012/01/due-process-violations-nyc-justice-courts-constitutional-rights/https://jtnylaw.com/2012/01/due-process-violations-nyc-justice-courts-constitutional-rights/People v Donato analysis: Due process violations in NYC Justice Courts. Protect your constitutional rights. Expert defense. Call 516-750-0595 for help.Fri, 27 Jan 2012 20:20:07 GMTNo-Faulthttps://jtnylaw.com/2012/01/euo-no-show-notice-requirements-long-island-nyc-legal-rights/https://jtnylaw.com/2012/01/euo-no-show-notice-requirements-long-island-nyc-legal-rights/Excel Imaging case analysis: EUO no-show notice requirements in Long Island & NYC. Protect your no-fault insurance rights. Call 516-750-0595 for legal help.Fri, 27 Jan 2012 16:54:56 GMTEUO issuesZuppahttps://jtnylaw.com/2012/01/medical-necessity-motion-wins-in-a-tough-venue/https://jtnylaw.com/2012/01/medical-necessity-motion-wins-in-a-tough-venue/Medical necessity motion victory in challenging New York no-fault venue shows proper legal strategy can overcome difficult courts. Learn key insights.Fri, 27 Jan 2012 16:51:48 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2012/01/nassau-county-medical-necessity-motions-appellate-term/https://jtnylaw.com/2012/01/nassau-county-medical-necessity-motions-appellate-term/Appellate Term corrects Nassau County District Court on medical necessity evidence requirements in New York no-fault insurance litigation on Long Island.Fri, 27 Jan 2012 16:44:58 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2012/01/the-workers-comp-board/https://jtnylaw.com/2012/01/the-workers-comp-board/Analysis of New York Workers' Compensation Board procedures and case law requirements for injured workers and medical providers on Long Island.Fri, 27 Jan 2012 16:41:06 GMTWorkers Compensationhttps://jtnylaw.com/2012/01/2761/https://jtnylaw.com/2012/01/2761/Appellate Term Second Department allows unpreserved legal arguments in no-fault insurance appeal, potentially encouraging sloppy Civil Court work and litigation tactics.Thu, 19 Jan 2012 15:56:45 GMTProcedural Issueshttps://jtnylaw.com/2012/01/medical-causation-expert-opinions-ny-personal-injury/https://jtnylaw.com/2012/01/medical-causation-expert-opinions-ny-personal-injury/Expert analysis of medical causation in NY personal injury cases when experts disagree. Learn how Grant v United Pavers protects your rights. Call 516-750-0595.Wed, 18 Jan 2012 04:22:19 GMTCausationCoveragehttps://jtnylaw.com/2012/01/pip-interest-tolling-ny-law-radar-case/https://jtnylaw.com/2012/01/pip-interest-tolling-ny-law-radar-case/Expert analysis of NY PIP interest tolling under 65-3.9(d). Learn how procedural delays can cost thousands in Long Island & NYC cases. Call 516-750-0595.Wed, 18 Jan 2012 03:47:55 GMTDamagesinteresthttps://jtnylaw.com/2012/01/amended-motion/https://jtnylaw.com/2012/01/amended-motion/Navigate complex New York court procedures for amended motions. Expert legal guidance for motion practice throughout Long Island and NYC. Call 516-750-0595.Thu, 12 Jan 2012 01:45:58 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2012/01/additional-verification-not-received-mri-films-from-an-mri-facility/https://jtnylaw.com/2012/01/additional-verification-not-received-mri-films-from-an-mri-facility/Court ruling clarifies insurance carriers' burden of proof when denying MRI facility claims based on failure to provide requested verification materials.Thu, 12 Jan 2012 01:33:33 GMTAdditional Verificationhttps://jtnylaw.com/2011/10/ime-no-show-necesity-to-show-timely-disclaimer/https://jtnylaw.com/2011/10/ime-no-show-necesity-to-show-timely-disclaimer/When patients miss IME appointments, insurers must issue timely disclaimers to deny claims. These NY appellate cases clarify strict procedural requirements.Wed, 19 Oct 2011 23:54:26 GMTIME issueshttps://jtnylaw.com/2011/10/euo-no-need-to-highlight-the-information/https://jtnylaw.com/2011/10/euo-no-need-to-highlight-the-information/New York court rules that EUO scheduling letters don't need to conspicuously highlight information, clarifying requirements under Insurance Department Regulations.Wed, 19 Oct 2011 23:17:54 GMTEUO issueshttps://jtnylaw.com/2011/10/acupuncture-the-fee-schedule-is-incorporated-by-reference/https://jtnylaw.com/2011/10/acupuncture-the-fee-schedule-is-incorporated-by-reference/NY court rules workers' compensation fee schedule incorporated by reference in no-fault acupuncture cases, establishing precedent for billing code requirements.Wed, 19 Oct 2011 23:12:11 GMTFee Schedulehttps://jtnylaw.com/2011/10/the-court-of-appeals-discusses-a-condition-precedent/https://jtnylaw.com/2011/10/the-court-of-appeals-discusses-a-condition-precedent/Court of Appeals ruling on hospital NF-5 submissions and 30-day notification requirements under New York no-fault insurance condition precedent rules.Fri, 14 Oct 2011 23:21:34 GMTCoverageTimely notice of claimTimely submissions of Billshttps://jtnylaw.com/2011/10/statute-of-doom/https://jtnylaw.com/2011/10/statute-of-doom/No-fault insurance statute of limitations case analysis - EBM Med. Health Care v Amica showing how improper motion practice led to dismissal failure.Sun, 02 Oct 2011 20:00:09 GMTStatute of Limitationshttps://jtnylaw.com/2011/09/first-prebyterian-then-psw-maryland-is-at-it-again/https://jtnylaw.com/2011/09/first-prebyterian-then-psw-maryland-is-at-it-again/New York court affirms Civil Court ruling that insurance company failed to prove chiropractic services weren't medically necessary in no-fault case.Mon, 26 Sep 2011 19:23:55 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2011/09/2418/https://jtnylaw.com/2011/09/2418/New York appeals court rules that substitute expert witnesses can testify in no-fault insurance cases even when they didn't prepare the original peer review report.Mon, 26 Sep 2011 19:18:45 GMTMedical Necessityhttps://jtnylaw.com/2011/09/nothing-gives-me-a-bigger-headache-than-reading-about-acupuncture-and-the-fee-schedule/https://jtnylaw.com/2011/09/nothing-gives-me-a-bigger-headache-than-reading-about-acupuncture-and-the-fee-schedule/Top 10 arguments about acupuncture fee schedules in NY no-fault insurance law, including court precedent and billing disputes between providers and insurers.Mon, 26 Sep 2011 19:15:08 GMTFee Schedulehttps://jtnylaw.com/2011/09/donde-esta-unitrin/https://jtnylaw.com/2011/09/donde-esta-unitrin/Unitrin case analysis and IME no-show procedures in NY no-fault insurance law, including mailing requirements and claim denial standards.Mon, 26 Sep 2011 18:59:19 GMTIME issueshttps://jtnylaw.com/2011/09/appellate-term-second-department-holds-that-mvaics-prima-facie-case-is-similar-to-that-of-other-providers/https://jtnylaw.com/2011/09/appellate-term-second-department-holds-that-mvaics-prima-facie-case-is-similar-to-that-of-other-providers/Appellate Term Second Department rules MVAIC's prima facie case requirements match other no-fault insurance providers in Turnpike Medical decision.Mon, 26 Sep 2011 18:55:11 GMTCoveragehttps://jtnylaw.com/2011/09/ime-no-show-results-in-summary-dismissal/https://jtnylaw.com/2011/09/ime-no-show-results-in-summary-dismissal/Court rules that properly mailed IME notices to both assignor and attorney, followed by patient no-show, warrants summary dismissal of no-fault claim.Thu, 15 Sep 2011 19:57:29 GMTIME issuesProperly scheduledhttps://jtnylaw.com/2011/09/case-remanded-to-civil-court-to-determine-whether-interest-was-tolled/https://jtnylaw.com/2011/09/case-remanded-to-civil-court-to-determine-whether-interest-was-tolled/Court remands no-fault case to determine interest calculations, highlighting complexities in Insurance Law § 5106(a) tolling provisions for overdue medical benefits.Tue, 13 Sep 2011 22:57:52 GMTNo-Faulthttps://jtnylaw.com/2011/09/appellate-term-first-department-does-not-seem-to-be-too-fond-of-durable-medical-equipment/https://jtnylaw.com/2011/09/appellate-term-first-department-does-not-seem-to-be-too-fond-of-durable-medical-equipment/Appellate Term First Department rules against durable medical equipment provider in no-fault case, finding insufficient evidence of medical necessity for summary judgment.Tue, 13 Sep 2011 22:49:21 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2011/09/so-you-told-you-client-to-go-bankrupt/https://jtnylaw.com/2011/09/so-you-told-you-client-to-go-bankrupt/Bankruptcy discharge doesn't eliminate judgment liens on property - important considerations for personal injury attorneys and no-fault insurance practitioners.Sun, 04 Sep 2011 21:48:57 GMTNo-Faulthttps://jtnylaw.com/2011/09/conclusory-statement-that-the-bill-was-not-received-is-insufficient-to-stave-off-summary-judgment/https://jtnylaw.com/2011/09/conclusory-statement-that-the-bill-was-not-received-is-insufficient-to-stave-off-summary-judgment/New York court rules that simply claiming you never received a verification request isn't enough to defeat summary judgment in no-fault insurance cases.Sat, 03 Sep 2011 21:13:01 GMTAdditional Verificationhttps://jtnylaw.com/2011/08/the-first-pure-unitrin-appellate-term-holding/https://jtnylaw.com/2011/08/the-first-pure-unitrin-appellate-term-holding/Appellate Term ruling establishes precedent for IME no-show cases, showing how insurers can prove mailing and non-appearance to defeat no-fault claims.Thu, 25 Aug 2011 17:02:24 GMTIME issueshttps://jtnylaw.com/2011/08/additional-verification-non-receipt-unrebutted-ime/https://jtnylaw.com/2011/08/additional-verification-non-receipt-unrebutted-ime/Court ruling on additional verification non-receipt in NY no-fault insurance claims, highlighting burden of proof requirements before litigation begins.Thu, 25 Aug 2011 16:56:32 GMTAdditional Verificationhttps://jtnylaw.com/2011/08/due-consideration-an-element-to-a-late-notice-claim/https://jtnylaw.com/2011/08/due-consideration-an-element-to-a-late-notice-claim/New York Court of Appeals ruling requires insurers to show "due consideration" when denying late no-fault claims, changing how prima facie defenses must be established.Fri, 19 Aug 2011 20:57:40 GMTTimely notice of claimTimely submissions of Billshttps://jtnylaw.com/2011/08/it-is-john-j-mcgee-again/https://jtnylaw.com/2011/08/it-is-john-j-mcgee-again/New York Court of Appeals rules on severance in no-fault insurance fraud cases involving multiple professional corporations and common scheme allegations.Thu, 18 Aug 2011 21:44:28 GMTCoverageSeverencehttps://jtnylaw.com/2011/08/2362/https://jtnylaw.com/2011/08/2362/Court clarifies proper judgment preparation procedures under CCA 1401, emphasizing that attorneys, not court clerks, should prepare judgments except in specific circumstances.Thu, 18 Aug 2011 21:36:34 GMTJudgmentsProcedural Issueshttps://jtnylaw.com/2011/08/not-nice/https://jtnylaw.com/2011/08/not-nice/Court dismisses no-fault case due to improper service of process and failure to serve within 120-day deadline, highlighting critical procedural requirements.Thu, 18 Aug 2011 21:30:37 GMTProcedural Issueshttps://jtnylaw.com/2011/08/who-cares-about-what-the-appellate-division-has-to-say-about-hearsay/https://jtnylaw.com/2011/08/who-cares-about-what-the-appellate-division-has-to-say-about-hearsay/Appellate Division ruling on hearsay and peer review reports in no-fault medical necessity cases - analysis of when medical records must be attached to peer reviews.Thu, 18 Aug 2011 21:26:54 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2011/08/another-really-intelligent-appeal/https://jtnylaw.com/2011/08/another-really-intelligent-appeal/Court of Appeals decision on no-fault insurance claims showing plaintiff's burden of proof and proper use of denial forms as evidence in New York cases.Thu, 18 Aug 2011 21:20:12 GMT4404(a) & weight of evidence reviewBusiness recordsEvidenceHearsayhttps://jtnylaw.com/2011/08/late-notice-of-trial-and-standard-of-law-as-to-malella/https://jtnylaw.com/2011/08/late-notice-of-trial-and-standard-of-law-as-to-malella/Court ruling on late notice of trial motions and Malella defense standards in NY no-fault insurance cases, including timing rules and professional corporation compliance.Thu, 18 Aug 2011 21:12:33 GMTDiscoveryNotice of Trial issueshttps://jtnylaw.com/2011/08/satisfaction-piece/https://jtnylaw.com/2011/08/satisfaction-piece/Baldwin Acupuncture v Allstate case analysis on stipulation enforcement and default judgment vacation in New York no-fault insurance litigation.Thu, 18 Aug 2011 21:05:17 GMTJudgmentshttps://jtnylaw.com/2011/08/fee-schedule-defense-not-preserved-abesent-a-timely-denial/https://jtnylaw.com/2011/08/fee-schedule-defense-not-preserved-abesent-a-timely-denial/Court ruling demonstrates that insurance companies must timely deny claims to preserve fee schedule defenses in New York no-fault litigation.Fri, 12 Aug 2011 03:10:27 GMTFee Schedulehttps://jtnylaw.com/2011/08/default-judgment-conditionally-granted/https://jtnylaw.com/2011/08/default-judgment-conditionally-granted/Court conditionally grants default judgment despite plaintiff's failure to meet CPLR 3215(f) requirements for verified complaint and proper affidavit support.Sat, 06 Aug 2011 01:06:34 GMT3215(f) issuesDefaultshttps://jtnylaw.com/2011/08/westchester-v-lincoln-with-a-cf-to-unitrin/https://jtnylaw.com/2011/08/westchester-v-lincoln-with-a-cf-to-unitrin/Court decision reinforces that IME attendance is a condition precedent to insurer liability, with ongoing debate between Westchester and Unitrin precedents.Sat, 06 Aug 2011 01:03:23 GMTIME issueshttps://jtnylaw.com/2011/08/who/https://jtnylaw.com/2011/08/who/W.H.O. Acupuncture v Geico case analysis covering acupuncture fee schedule constitutionality, appealable orders, and judgment preparation requirements in NY no-fault law.Sat, 06 Aug 2011 00:50:35 GMTFee ScheduleJudgmentshttps://jtnylaw.com/2011/07/cplr-5520-in-action/https://jtnylaw.com/2011/07/cplr-5520-in-action/CPLR 5520 case analysis: attorney served wrong party in no-fault appeal, court grants extension and stay despite procedural error in medical necessity dispute.Thu, 21 Jul 2011 19:54:53 GMTNo-Faulthttps://jtnylaw.com/2011/07/is-this-our-judge-cooper-from-nassau/https://jtnylaw.com/2011/07/is-this-our-judge-cooper-from-nassau/Nassau County Judge Cooper's long career in no-fault insurance law cases, including IME no-show cross-motions and summary judgment practice in District Court.Mon, 18 Jul 2011 14:44:07 GMTNo-Faulthttps://jtnylaw.com/2011/07/another-formulation-of-a-prima-facie-case/https://jtnylaw.com/2011/07/another-formulation-of-a-prima-facie-case/New York court clarifies what constitutes a prima facie case for no-fault insurance providers seeking summary judgment, including standards for timely claim denials.Fri, 15 Jul 2011 22:41:36 GMTNo-Faulthttps://jtnylaw.com/2011/07/you-cant-swear-about-things-that-happened-at-your-job-before-you-got-there/https://jtnylaw.com/2011/07/you-cant-swear-about-things-that-happened-at-your-job-before-you-got-there/New York court rules that insurance companies cannot rely on employee affidavits to prove mailing if the employee started working after the mailing occurred. Personal knowledge of office procedures is required.Thu, 14 Jul 2011 22:43:59 GMTMailinghttps://jtnylaw.com/2011/07/an-psychologist-can-base-his-testimony-off-his-own-unsworn-report-are-you-really-surprised/https://jtnylaw.com/2011/07/an-psychologist-can-base-his-testimony-off-his-own-unsworn-report-are-you-really-surprised/Expert psychologist testimony based on unsworn peer review reports is admissible when witness can explain factual basis and be cross-examined in no-fault insurance cases.Thu, 14 Jul 2011 22:40:26 GMTEvidenceExpertshttps://jtnylaw.com/2011/07/prima-facie-really-does-not-mean-prima-facie/https://jtnylaw.com/2011/07/prima-facie-really-does-not-mean-prima-facie/Court clarifies that prima facie showing in summary judgment only shifts burden, doesn't establish facts for trial in no-fault insurance cases.Thu, 14 Jul 2011 22:36:15 GMTPrima Facie casehttps://jtnylaw.com/2011/07/an-affidavit-really-is-not-an-affidavit/https://jtnylaw.com/2011/07/an-affidavit-really-is-not-an-affidavit/Court ruling highlights critical affidavit requirements and waiver rules for objections to defective affidavits in New York litigation practice.Thu, 14 Jul 2011 22:25:40 GMTAffidavitsProcedural Issueshttps://jtnylaw.com/2011/07/district-nassau/https://jtnylaw.com/2011/07/district-nassau/Attorney's experience with Nassau District Court's professional no-fault insurance proceedings, comparing their organized system to NYC venues and praising their adherence to IAS standards.Wed, 13 Jul 2011 14:37:13 GMTNo-Faulthttps://jtnylaw.com/2011/07/ime-no-show-florida-style/https://jtnylaw.com/2011/07/ime-no-show-florida-style/Florida court rules on IME no-show case, finding unreasonable excuse for missing medical exam appointments despite notice issues in no-fault insurance claim.Tue, 12 Jul 2011 03:07:17 GMTNo-Faulthttps://jtnylaw.com/2011/07/new-jersey-appellate-division-discusses-mua/https://jtnylaw.com/2011/07/new-jersey-appellate-division-discusses-mua/New Jersey Appellate Division reviews MUA medical necessity standards, examining $18K+ claims and NAMUAP protocols in no-fault insurance disputeSun, 10 Jul 2011 17:07:07 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2011/07/the-failure-to-assert-why-the-signature-was-stamped-will-not-invalidate-an-affirmation/https://jtnylaw.com/2011/07/the-failure-to-assert-why-the-signature-was-stamped-will-not-invalidate-an-affirmation/Court rules that challenging a stamped signature without explaining why it's invalid is insufficient to raise factual issues in no-fault insurance litigation.Sat, 09 Jul 2011 01:54:32 GMTHypo-technical defectsProcedural Issueshttps://jtnylaw.com/2011/07/a-bill-delay-for-an-euo-is-insufficient-to-toll-the-claims-determination-period/https://jtnylaw.com/2011/07/a-bill-delay-for-an-euo-is-insufficient-to-toll-the-claims-determination-period/New York court rules that insurance companies cannot use EUO delay letters to extend the 30-day deadline for paying or denying no-fault claims under Insurance Law § 5106.Sat, 09 Jul 2011 01:50:31 GMTEUO issuesSufficiency of letters and requestshttps://jtnylaw.com/2011/07/mallela-defense-must-be-arbitrated-upon-demand-of-applicant/https://jtnylaw.com/2011/07/mallela-defense-must-be-arbitrated-upon-demand-of-applicant/Court rules that Mallela fraudulent incorporation defenses must be decided by arbitrators, not courts, when applicants demand arbitration under no-fault law.Sat, 09 Jul 2011 01:40:19 GMTCoverageMallela issueshttps://jtnylaw.com/2011/07/business-records-cplr-4518a-back-to-the-appellate-division/https://jtnylaw.com/2011/07/business-records-cplr-4518a-back-to-the-appellate-division/A significant business records evidence case returns to the Appellate Division after the Appellate Term's controversial interpretation of CPLR 4518(a) precedent.Thu, 07 Jul 2011 14:10:40 GMTBusiness recordsEvidencehttps://jtnylaw.com/2011/07/present-sense-impression-refreshing-recollection-inconsistent-statement/https://jtnylaw.com/2011/07/present-sense-impression-refreshing-recollection-inconsistent-statement/Second Department reversal on present sense impression, refreshing recollection, and prior inconsistent statement rulings in a New York slip-and-fall case.Sun, 03 Jul 2011 18:12:55 GMTEvidenceHearsayhttps://jtnylaw.com/2011/07/so-what-happens-when-you-admit-an-allegation-in-an-answer-you-should-never-have-been-admitted/https://jtnylaw.com/2011/07/so-what-happens-when-you-admit-an-allegation-in-an-answer-you-should-never-have-been-admitted/Learn what happens when you admit allegations in an answer that should have been denied, and how New York courts handle motions to amend pleadings.Sun, 03 Jul 2011 17:51:46 GMTPleading defectsProcedural Issueshttps://jtnylaw.com/2011/06/authoritative/https://jtnylaw.com/2011/06/authoritative/NY court rules expert impeachment with DVD improper when expert rejects it as authoritative. Key evidence foundation rules for Long Island & NYC trials.Wed, 29 Jun 2011 19:09:43 GMTEvidenceExpertshttps://jtnylaw.com/2011/06/leave-denied/https://jtnylaw.com/2011/06/leave-denied/Court denies leave in Unitrin v Bayshore Physical Therapy case, highlighting challenges healthcare providers face under current no-fault insurance regulations.Tue, 28 Jun 2011 17:10:00 GMTEUO issuesIME issueshttps://jtnylaw.com/2011/06/the-independent-contractor-defense-is-sufficient-to-non-suit-a-plaintiff-under-cplr-3211a7/https://jtnylaw.com/2011/06/the-independent-contractor-defense-is-sufficient-to-non-suit-a-plaintiff-under-cplr-3211a7/NY court rules independent contractor defense sufficient for CPLR 3211(a)(7) dismissal when claim forms identify services rendered by contractorSat, 25 Jun 2011 20:30:16 GMTIndependent contractorStandinghttps://jtnylaw.com/2011/06/a-universal-definition-of-a-prima-facie-case/https://jtnylaw.com/2011/06/a-universal-definition-of-a-prima-facie-case/Court establishes universal definition for prima facie cases in no-fault insurance disputes, showing how proper documentation and timely filing create entitlement to summary judgment.Sat, 25 Jun 2011 20:26:59 GMTPrima Facie casehttps://jtnylaw.com/2011/06/what-is-a-non-negligent-explanation-when-you-rear-end-somebody/https://jtnylaw.com/2011/06/what-is-a-non-negligent-explanation-when-you-rear-end-somebody/Learn what constitutes a non-negligent explanation when you rear-end another vehicle in New York, including mechanical failures and sudden stops as valid defenses.Wed, 22 Jun 2011 21:59:33 GMTNo-Faulthttps://jtnylaw.com/2011/06/new-jersey-law-bars-most-of-plaintiffs-recovery-in-this-pip-subrogation-action/https://jtnylaw.com/2011/06/new-jersey-law-bars-most-of-plaintiffs-recovery-in-this-pip-subrogation-action/New Jersey law significantly limited subrogation recovery in this PIP case involving cross-border accident, workers' compensation, and no-fault benefits under choice of law analysis.Fri, 17 Jun 2011 14:59:51 GMTChoice of lawhttps://jtnylaw.com/2011/06/another-article-10-hearing-wittles-away-peer-hearsay/https://jtnylaw.com/2011/06/another-article-10-hearing-wittles-away-peer-hearsay/Article 10 case limits peer hearsay in expert testimony, impacting no-fault insurance and threshold injury cases in New York courts.Sun, 12 Jun 2011 19:40:42 GMTEvidenceExpertsHearsayhttps://jtnylaw.com/2011/06/an-intentional-act-is-precluded-if-not-raised-in-a-timely-denial/https://jtnylaw.com/2011/06/an-intentional-act-is-precluded-if-not-raised-in-a-timely-denial/New York court ruling transforms intentional act from coverage issue to policy exclusion, creating new category of precludable coverage defenses in no-fault insurance law.Mon, 06 Jun 2011 17:26:37 GMTCoverageIntentional losshttps://jtnylaw.com/2011/06/response-to-suns-comment-last-week/https://jtnylaw.com/2011/06/response-to-suns-comment-last-week/Response to Sun's comment on blanket denials in New York no-fault insurance law, discussing DOI requirements and A&S Medical case interpretation.Fri, 03 Jun 2011 14:47:06 GMTNo-Faulthttps://jtnylaw.com/2011/05/a-very-impressive-win/https://jtnylaw.com/2011/05/a-very-impressive-win/NYU-Hospital v Esurance: Court rules on defective no-fault denial forms and business records defense in New York insurance law case with timely filing issues.Wed, 01 Jun 2011 01:43:36 GMTBusiness recordsEvidencePreservation of defenses on NF-10https://jtnylaw.com/2011/05/no-comment/https://jtnylaw.com/2011/05/no-comment/All Borough Group v. Utica Mutual Insurance provides crucial precedent for New York no-fault insurance IME disputes and medical provider rights.Wed, 01 Jun 2011 01:27:41 GMTIME issueshttps://jtnylaw.com/2011/05/my-aig-bail-out-money-at-work/https://jtnylaw.com/2011/05/my-aig-bail-out-money-at-work/AIG's failure to properly handle no-fault claim denials highlights insurance company obligations under New York's strict 30-day statutory period requirements.Wed, 01 Jun 2011 01:19:54 GMTAdditional Verificationhttps://jtnylaw.com/2011/05/my-day-in-court-by-me/https://jtnylaw.com/2011/05/my-day-in-court-by-me/Attorney's firsthand courtroom experience arguing acupuncture fee schedule motions and IME cut-off cases in New York no-fault insurance litigation, including common defense arguments.Wed, 01 Jun 2011 01:11:43 GMTNo-Faulthttps://jtnylaw.com/2011/05/another-denial-that-was-fatally-flawed/https://jtnylaw.com/2011/05/another-denial-that-was-fatally-flawed/Court finds insurance denial fatally flawed due to incomplete information and incorrect applicant listing, highlighting ongoing issues with denial technicalities in no-fault cases.Mon, 23 May 2011 14:37:35 GMTPreservation of defenses on NF-10https://jtnylaw.com/2011/05/mailing/https://jtnylaw.com/2011/05/mailing/Legal precedent shows incomplete mailing addresses can rebut delivery presumption in insurance cases when combined with evidence of postal service practices.Fri, 20 May 2011 18:26:00 GMTMailinghttps://jtnylaw.com/2011/05/give-it-up-mvaic/https://jtnylaw.com/2011/05/give-it-up-mvaic/MVAIC's repeated failed attempts to vacate default judgments highlight the futility of raising the same meritless arguments on appeal in no-fault insurance cases.Thu, 19 May 2011 00:54:16 GMTDefaultsProcedural Issueshttps://jtnylaw.com/2011/05/dr-grinsberg-is-not-credible-as-a-matter-of-law/https://jtnylaw.com/2011/05/dr-grinsberg-is-not-credible-as-a-matter-of-law/Court rules psychologist from Ukraine incompetent to testify as expert witness due to lack of proper credentials in New York no-fault insurance case.Thu, 19 May 2011 00:50:38 GMTEvidenceExpertshttps://jtnylaw.com/2011/05/how-much-was-that-anesthesia-really-worth/https://jtnylaw.com/2011/05/how-much-was-that-anesthesia-really-worth/Judge Ciaffa rules on medical provider billing practices, comparing charges to uninsured patients vs. insurance reimbursement rates in Nassau Anesthesia v Chin case.Thu, 19 May 2011 00:42:36 GMTFee Schedulehttps://jtnylaw.com/2011/05/baker-sanders-litigation-takes-an-unexpected-turn-and-it-is-completely-unrelated-to-pip/https://jtnylaw.com/2011/05/baker-sanders-litigation-takes-an-unexpected-turn-and-it-is-completely-unrelated-to-pip/Baker Sanders litigation takes unexpected turn in malpractice case unrelated to PIP, exploring corporate veil piercing and attorney liability protections.Thu, 19 May 2011 00:21:33 GMTNo-Faulthttps://jtnylaw.com/2011/05/choice-of-law-in-sum-context-interesting/https://jtnylaw.com/2011/05/choice-of-law-in-sum-context-interesting/NY Court of Appeals applies Massachusetts law to SUM claim despite NY policy and NY victim, prioritizing accident location over policy terms in complex choice of law analysis.Tue, 10 May 2011 22:23:53 GMTChoice of lawhttps://jtnylaw.com/2011/05/being-an-exotic-dance-is-not-a-prior-bad-act-for-impeachment-purposes/https://jtnylaw.com/2011/05/being-an-exotic-dance-is-not-a-prior-bad-act-for-impeachment-purposes/Fourth Department ruling clarifies that exotic dancing employment cannot be used as prior bad act evidence for cross-examination in criminal trials.Tue, 10 May 2011 22:16:35 GMTNo-Faulthttps://jtnylaw.com/2011/05/contract-of-insurance-is-vitiated/https://jtnylaw.com/2011/05/contract-of-insurance-is-vitiated/New York insurance law requires timely notice of claims. When insureds fail to provide proper notice, the entire insurance contract can be voided, leaving them without coverage.Tue, 10 May 2011 20:05:35 GMTCoverageTimely notice of claimhttps://jtnylaw.com/2011/05/judge-hirsh-says-there-is-no-difference-in-a-hopsital-and-a-standard-medical-providers-prima-facie-case/https://jtnylaw.com/2011/05/judge-hirsh-says-there-is-no-difference-in-a-hopsital-and-a-standard-medical-providers-prima-facie-case/Judge Hirsh clarifies that hospitals and standard medical providers have identical prima facie case requirements in New York no-fault insurance litigation.Mon, 09 May 2011 02:10:14 GMTPrima Facie casehttps://jtnylaw.com/2011/05/now-who-ever-said-no-fault-lawyers-are-not-versatile/https://jtnylaw.com/2011/05/now-who-ever-said-no-fault-lawyers-are-not-versatile/Long Island no-fault lawyer successfully appeals family court child support case pro bono, demonstrating versatility beyond insurance law practice.Sun, 08 May 2011 21:47:42 GMTNo-Faulthttps://jtnylaw.com/2011/05/appellate-term-delves-deeper-into-mallela-and-the-providers-are-plunging-into-deeper-water/https://jtnylaw.com/2011/05/appellate-term-delves-deeper-into-mallela-and-the-providers-are-plunging-into-deeper-water/Appellate Term analyzes Mallela defense discovery standards, ruling preponderance of evidence sufficient for no-fault insurance licensing fraud claims in New York.Thu, 05 May 2011 18:13:19 GMTMallela issueshttps://jtnylaw.com/2011/05/ime-no-show-defense-is-a-loser/https://jtnylaw.com/2011/05/ime-no-show-defense-is-a-loser/Court ruling shows insurance companies must prove IME notices were properly mailed and patients failed to appear to deny no-fault benefits claims.Tue, 03 May 2011 01:04:13 GMTIME issuesPersonal knowledge of no showSufficiency of lettershttps://jtnylaw.com/2011/04/triable-issue-of-fact-as-to-lack-of-coverage/https://jtnylaw.com/2011/04/triable-issue-of-fact-as-to-lack-of-coverage/Third Department case analyzes proof requirements for insurance carriers demonstrating lack of coverage, highlighting triable issues of fact in no-fault claims.Fri, 29 Apr 2011 16:10:37 GMTCoverageNo Policy of Insurancehttps://jtnylaw.com/2011/04/a-2007-causation-case-affidavit-insufficient/https://jtnylaw.com/2011/04/a-2007-causation-case-affidavit-insufficient/2007 New York case shows how conclusory medical expert affidavits fail to establish causation in personal injury claims, highlighting importance of substantive evidence.Wed, 27 Apr 2011 13:03:55 GMTCausationCoverageMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2011/04/on-the-cplr-from-3126-granted-when-party-deponent-lies-during-deposition/https://jtnylaw.com/2011/04/on-the-cplr-from-3126-granted-when-party-deponent-lies-during-deposition/Appellate Term reverses Civil Court, grants CPLR 3126(3) motion to dismiss complaint when plaintiff perjured herself about medical history during EBT deposition.Sat, 16 Apr 2011 19:02:32 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2011/04/objective-basis-for-an-euo-is-waived-absent-a-response-to-the-euo-demand/https://jtnylaw.com/2011/04/objective-basis-for-an-euo-is-waived-absent-a-response-to-the-euo-demand/Court rules that challenges to EUO reasonableness are waived without timely objection, establishing key precedent for no-fault insurance defense strategies.Sat, 16 Apr 2011 18:42:16 GMTEUO issuesReasonableness and standard of proofhttps://jtnylaw.com/2011/04/objective-criterian-is-not-necessary-prior-to-seeking-an-ime/https://jtnylaw.com/2011/04/objective-criterian-is-not-necessary-prior-to-seeking-an-ime/New York Court of Appeals clarifies that no-fault insurers don't need objective criteria before requesting an Independent Medical Examination, unlike examinations under oath.Sat, 16 Apr 2011 18:19:33 GMTIME issuesPropriety of the examinationhttps://jtnylaw.com/2011/04/another-procedural-faux-pause/https://jtnylaw.com/2011/04/another-procedural-faux-pause/A no-fault insurance case where both parties lost summary judgment motions due to factual disputes over EUO notice and appearance, highlighting strategic appeal considerations.Sat, 16 Apr 2011 18:14:06 GMTEUO issueshttps://jtnylaw.com/2011/04/district-nassau-justifies-ime-no-show-coverage-defnese-based-upon-stephen-fogel/https://jtnylaw.com/2011/04/district-nassau-justifies-ime-no-show-coverage-defnese-based-upon-stephen-fogel/Nassau District Court upholds IME no-show coverage defense using Stephen Fogel precedent, ruling condition precedent defenses never waive in no-fault cases.Wed, 13 Apr 2011 16:01:10 GMTCoverageIME issueshttps://jtnylaw.com/2011/04/ime-no-show-the-best-defense-in-town/https://jtnylaw.com/2011/04/ime-no-show-the-best-defense-in-town/New York court ruling on IME no-show defenses in no-fault insurance cases, analyzing coverage vs. exclusion distinctions and preclusion rules.Wed, 13 Apr 2011 15:50:55 GMTNo-Faulthttps://jtnylaw.com/2011/04/mailing-turned-on-its-head/https://jtnylaw.com/2011/04/mailing-turned-on-its-head/NY court ruling establishes strong presumption for proper mailing in no-fault insurance cases, making it difficult for providers to deny receipt of verification requests.Fri, 08 Apr 2011 19:15:25 GMTMailinghttps://jtnylaw.com/2011/04/public-health-law-238-a-defense/https://jtnylaw.com/2011/04/public-health-law-238-a-defense/New York appellate court ruling on Public Health Law 238-a defense in no-fault insurance cases and its relationship to Mallela-based violations and coverage requirements.Fri, 08 Apr 2011 19:12:45 GMTMallela issueshttps://jtnylaw.com/2011/04/appellate-term-first-departments-latest-statement-on-peer-reviews/https://jtnylaw.com/2011/04/appellate-term-first-departments-latest-statement-on-peer-reviews/New York's Appellate Term reveals stark differences between First and Second Departments in handling peer review reports for no-fault insurance medical necessity denials.Fri, 08 Apr 2011 19:01:59 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2011/04/attacking-an-expert-based-upon-his-religion-leads-to-reversal/https://jtnylaw.com/2011/04/attacking-an-expert-based-upon-his-religion-leads-to-reversal/Court of Appeals reverses civil commitment case where prosecutor attacked expert witness based on religious beliefs during cross-examination, violating fair trial standards.Wed, 06 Apr 2011 14:22:54 GMTEvidenceExpertshttps://jtnylaw.com/2011/04/settlement-negotiations-constitute-a-reasonable-execuse-under-3012d-and-5015a1-by-implication/https://jtnylaw.com/2011/04/settlement-negotiations-constitute-a-reasonable-execuse-under-3012d-and-5015a1-by-implication/NY court ruling that settlement negotiations constitute reasonable excuse for delay under CPLR 3012(d) and 5015(a)(1), protecting defendants from default judgments.Tue, 05 Apr 2011 14:07:35 GMTDefaultshttps://jtnylaw.com/2011/03/reasonableness-the-new-buzz-word/https://jtnylaw.com/2011/03/reasonableness-the-new-buzz-word/Court ruling establishes "reasonableness" as new standard for challenging IME requests in NY no-fault cases, shifting burden from mailing proof to proving unreasonable demands.Thu, 31 Mar 2011 02:18:32 GMTIME issuesProperly scheduledhttps://jtnylaw.com/2011/03/just-a-bad-decision/https://jtnylaw.com/2011/03/just-a-bad-decision/Court rules insurer cannot modify no-fault judgment after losing summary judgment motion - defendant's belated policy limit defense fails procedural requirements.Thu, 31 Mar 2011 02:04:34 GMTCoveragePolicy Exhaustionhttps://jtnylaw.com/2011/03/from-your-perspective-not-mine/https://jtnylaw.com/2011/03/from-your-perspective-not-mine/Court of Appeals clarifies that intentional act exclusions in auto insurance should be evaluated from the injured person's perspective, not the actor's.Thu, 31 Mar 2011 01:53:28 GMTCoverageIntentional losshttps://jtnylaw.com/2011/03/a-limited-collateral-attack-on-an-arbitration-award-is-upheld/https://jtnylaw.com/2011/03/a-limited-collateral-attack-on-an-arbitration-award-is-upheld/Court upholds insurer's right to challenge arbitration award exceeding policy limits, even without timely denial, when coverage has been exhausted under no-fault law.Fri, 25 Mar 2011 19:50:15 GMTCoveragePolicy Exhaustionhttps://jtnylaw.com/2011/03/mvaic-loses-again/https://jtnylaw.com/2011/03/mvaic-loses-again/New York appellate court denies MVAIC summary judgment in no-fault insurance case, rejecting burden-shifting on coverage eligibility and exhaustion of remedies defense.Fri, 25 Mar 2011 19:45:07 GMTCoveragehttps://jtnylaw.com/2011/03/the-failure-to-attend-imes-is-now-considered-a-chubb-coverage-defense/https://jtnylaw.com/2011/03/the-failure-to-attend-imes-is-now-considered-a-chubb-coverage-defense/Landmark 2011 Unitrin case establishes IME no-show as Chubb coverage defense, allowing retroactive claim denials regardless of initial denial reasons in NY no-fault law.Sun, 20 Mar 2011 23:33:53 GMTEUO issuesIME issueshttps://jtnylaw.com/2011/03/three-strikes-and-you-owe-it/https://jtnylaw.com/2011/03/three-strikes-and-you-owe-it/NY court rules three errors in no-fault denial letters create fatal defects, demonstrating how precision matters in insurance claim responses.Tue, 15 Mar 2011 23:58:23 GMTPreservation of defenses on NF-10https://jtnylaw.com/2011/03/cplr-312-a-service-was-not-properly-effected-complaint-dismissed/https://jtnylaw.com/2011/03/cplr-312-a-service-was-not-properly-effected-complaint-dismissed/Learn how CPLR 312-a service defects can destroy your case. Expert guidance on service of process requirements for healthcare providers in New York.Tue, 15 Mar 2011 23:53:24 GMTDefaultshttps://jtnylaw.com/2011/03/ime-no-show-victory/https://jtnylaw.com/2011/03/ime-no-show-victory/Learn how to win IME no-show cases with strategic documentation. Expert legal guidance on challenging insurance denials for healthcare providers in NY.Tue, 15 Mar 2011 23:48:44 GMTIME issueshttps://jtnylaw.com/2011/03/more-on-defective-denials/https://jtnylaw.com/2011/03/more-on-defective-denials/Learn how defective insurance claim denials can be challenged in New York no-fault cases. Expert legal analysis of technical requirements and healthcare provider rights.Sat, 12 Mar 2011 06:09:30 GMTHypo-technical defectsProcedural Issueshttps://jtnylaw.com/2011/03/critical-role-medical-literature-expert-testimony/https://jtnylaw.com/2011/03/critical-role-medical-literature-expert-testimony/Expert analysis of Rowe v Fisher on medical literature requirements for expert testimony. Personal injury case insights for Long Island and NYC. Call 516-750-0595.Thu, 10 Mar 2011 23:02:16 GMTEvidenceExpert journals and treatisesExpertshttps://jtnylaw.com/2011/03/verification-process-no-fault-insurance-technical-requirements/https://jtnylaw.com/2011/03/verification-process-no-fault-insurance-technical-requirements/Expert analysis of Exoto v Progressive Insurance on NF-3 verification requirements. Learn to avoid technical rejections in Long Island and NYC. Call 516-750-0595 for help.Thu, 10 Mar 2011 22:57:59 GMTAdditional Verificationhttps://jtnylaw.com/2011/03/understanding-no-fault-insurance-claims-basic-legal-requirements/https://jtnylaw.com/2011/03/understanding-no-fault-insurance-claims-basic-legal-requirements/Expert analysis of Quality Health Products v Country-Wide Insurance Co. Learn how to properly establish no-fault insurance claims in Long Island and NYC. Call 516-750-0595 for consultation.Thu, 10 Mar 2011 22:47:33 GMTPrima Facie casehttps://jtnylaw.com/2011/03/a-new-twist-on-prima-facie/https://jtnylaw.com/2011/03/a-new-twist-on-prima-facie/New York appellate court case shows how inadequate documentation can doom a no-fault insurance claim, highlighting the evolving standards for prima facie cases.Thu, 10 Mar 2011 22:43:26 GMTPrima Facie casehttps://jtnylaw.com/2011/03/civil-court-no-fault-insurance-legal-reasoning-long-island/https://jtnylaw.com/2011/03/civil-court-no-fault-insurance-legal-reasoning-long-island/Critical analysis of Consolidated Imaging v Travelers Indemnity Co. - examining flawed Civil Court reasoning in Long Island and NYC no-fault insurance cases.Sat, 05 Mar 2011 20:45:31 GMTEvidenceExpertsHearsayMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2011/03/insurance-verification-requests-long-island-no-fault-attorney/https://jtnylaw.com/2011/03/insurance-verification-requests-long-island-no-fault-attorney/New York Hospital v Country Wide Insurance case highlights critical lessons about insurance verification requests for Long Island and NYC personal injury claims.Sat, 05 Mar 2011 17:30:39 GMTAdditional Verificationhttps://jtnylaw.com/2011/03/dwi-defense-failure-procedural-errors-nf10-westchester/https://jtnylaw.com/2011/03/dwi-defense-failure-procedural-errors-nf10-westchester/Analysis of catastrophic DWI defense failures due to defective NF-10 forms and mailing errors. Expert no-fault insurance representation in Long Island & NYC.Sat, 05 Mar 2011 17:26:30 GMTDWI issuesMailingPreservation of defenses on NF-10https://jtnylaw.com/2011/03/serious-injury-threshold-medical-necessity-jun-suk-seo/https://jtnylaw.com/2011/03/serious-injury-threshold-medical-necessity-jun-suk-seo/Landmark NY case analysis: How medical necessity affects serious injury thresholds in personal injury cases. Expert legal representation in Long Island & NYC.Fri, 04 Mar 2011 22:44:13 GMT5102(d) issueshttps://jtnylaw.com/2011/03/medical-necessity-defense-pomona-geico-peer-review/https://jtnylaw.com/2011/03/medical-necessity-defense-pomona-geico-peer-review/Expert analysis of medical necessity defenses in NY no-fault cases. Learn how peer review reports affect insurance claims. Long Island & NYC legal representation.Fri, 04 Mar 2011 00:22:45 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2011/03/mvaic-appellate-term-first-department-legal-challenges/https://jtnylaw.com/2011/03/mvaic-appellate-term-first-department-legal-challenges/MVAIC faces continued legal challenges at Appellate Term First Department. Expert analysis of MVAIC claims and court decisions. Call Jason Tenenbaum 516-750-0595.Thu, 03 Mar 2011 23:53:54 GMTCoverageNon eligible injured personhttps://jtnylaw.com/2011/03/three-year-statute-limitations-common-carriers-nycta/https://jtnylaw.com/2011/03/three-year-statute-limitations-common-carriers-nycta/First Department establishes 3-year statute of limitations for NYCTA no-fault claims. Expert transit accident legal analysis. Call Jason Tenenbaum 516-750-0595.Wed, 02 Mar 2011 17:32:24 GMTStatute of Limitationshttps://jtnylaw.com/2011/02/first-department-madison-avenue-geico-priority-payment/https://jtnylaw.com/2011/02/first-department-madison-avenue-geico-priority-payment/First Department Court rules on GEICO priority payment disputes in M.N. Dental Diagnostics case. Expert legal analysis from Jason Tenenbaum Law. Call 516-750-0595.Thu, 24 Feb 2011 05:06:30 GMTPriority of Paymenthttps://jtnylaw.com/2011/02/cplr-4518a-business-records-admissibility-rodriguez-nyc/https://jtnylaw.com/2011/02/cplr-4518a-business-records-admissibility-rodriguez-nyc/Key CPLR 4518(a) business records admissibility rules after Rodriguez decision. Expert analysis for Long Island & NYC attorneys handling evidence issues.Mon, 21 Feb 2011 19:12:23 GMTBusiness recordsEvidencehttps://jtnylaw.com/2011/02/account-stated-claims-billing-statements-new-york-cutler/https://jtnylaw.com/2011/02/account-stated-claims-billing-statements-new-york-cutler/Essential account stated claim requirements in NY after Cutler decision. Why failure to annex billing statements requires automatic denial. Expert legal analysis.Mon, 21 Feb 2011 16:12:32 GMTPrima Facie casehttps://jtnylaw.com/2011/02/remote-depositions-international-parties-china-legal-precedent/https://jtnylaw.com/2011/02/remote-depositions-international-parties-china-legal-precedent/Learn when NY courts allow remote depositions for international parties. Key 2011 precedent for Long Island & NYC attorneys handling overseas witnesses.Mon, 21 Feb 2011 16:05:10 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2011/02/geico-medical-necessity-motion-denied-boilerplate-letters-new-york/https://jtnylaw.com/2011/02/geico-medical-necessity-motion-denied-boilerplate-letters-new-york/GEICO joins Mercury & NYCM with denied medical necessity motions. Important precedent for Long Island & NYC medical providers defending no-fault claims. Call 516-750-0595.Mon, 21 Feb 2011 16:03:12 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2011/02/proof-intentional-accident-police-report-admissibility-new-york/https://jtnylaw.com/2011/02/proof-intentional-accident-police-report-admissibility-new-york/NY court rules insufficient proof to establish intentional accident. Important guidance on police report admissibility for Long Island & NYC medical providers. Call 516-750-0595.Mon, 21 Feb 2011 15:56:24 GMTCoverageIntentional lossStaged losshttps://jtnylaw.com/2011/02/euo-letter-font-requirements-ada-litigation-new-york/https://jtnylaw.com/2011/02/euo-letter-font-requirements-ada-litigation-new-york/NY Appellate Term rules EUO letters need not use large fonts. Important decision for Long Island & NYC medical providers on no-fault insurance requirements. Call 516-750-0595.Mon, 21 Feb 2011 15:51:11 GMTAdditional VerificationEUO issuesSufficiency of letters and requestshttps://jtnylaw.com/2011/02/cplr-5019-limitations-courts-cannot-modify-judgment-amounts-substantive-reasons/https://jtnylaw.com/2011/02/cplr-5019-limitations-courts-cannot-modify-judgment-amounts-substantive-reasons/Expert analysis of CPLR 5019(a) limitations in NY civil practice. Mount Sinai decision on judgment modifications from experienced Long Island attorney.Sat, 12 Feb 2011 20:43:18 GMTProcedural Issueshttps://jtnylaw.com/2011/02/third-party-billing-records-new-york-no-fault-claims-appellate-term-carothers/https://jtnylaw.com/2011/02/third-party-billing-records-new-york-no-fault-claims-appellate-term-carothers/Expert analysis of Appellate Term decision on third-party billing records in NY no-fault claims. Carothers application from experienced Long Island attorney.Sat, 12 Feb 2011 20:35:46 GMTBusiness recordsEvidencePrima Facie casehttps://jtnylaw.com/2011/02/new-york-2-percent-interest-rule-overdue-no-fault-claims-doi-clarification/https://jtnylaw.com/2011/02/new-york-2-percent-interest-rule-overdue-no-fault-claims-doi-clarification/Expert analysis of NY's 2% interest rule on overdue no-fault insurance claims. DOI clarification from experienced Long Island personal injury attorney.Tue, 08 Feb 2011 18:11:06 GMTinteresthttps://jtnylaw.com/2011/02/new-york-no-fault-interest-regulations-compound-simple-interest-analysis/https://jtnylaw.com/2011/02/new-york-no-fault-interest-regulations-compound-simple-interest-analysis/Expert analysis of New York No-Fault interest regulations and the complex timing issues determining compound vs simple interest rates. Call 516-750-0595 for consultation.Mon, 07 Feb 2011 23:14:55 GMTNo-Faulthttps://jtnylaw.com/2011/02/cplr-4518a-business-records-witness-exclusion-new-york-courts/https://jtnylaw.com/2011/02/cplr-4518a-business-records-witness-exclusion-new-york-courts/Learn about CPLR 4518(a) business records authentication and witness exclusion rules in NY litigation. Expert analysis from Long Island attorney Jason Tenenbaum.Fri, 04 Feb 2011 21:23:57 GMTBusiness recordsEvidencehttps://jtnylaw.com/2011/02/understanding-errata-sheets-credibility-issues-new-york-depositions/https://jtnylaw.com/2011/02/understanding-errata-sheets-credibility-issues-new-york-depositions/Learn how errata sheet corrections impact credibility determinations and summary judgment motions in NY litigation. Expert analysis from Long Island attorney Jason Tenenbaum.Fri, 04 Feb 2011 21:15:00 GMTDiscoveryhttps://jtnylaw.com/2011/02/passenger-liability-motor-vehicle-accidents-malpeli-yenna/https://jtnylaw.com/2011/02/passenger-liability-motor-vehicle-accidents-malpeli-yenna/Expert analysis of passenger liability in NY motor vehicle accidents. Understand assumed duty limits and liability theories. Long Island & NYC attorneys. Call 516-750-0595.Fri, 04 Feb 2011 21:06:06 GMTNo-Faulthttps://jtnylaw.com/2011/02/strategic-mri-timing-personal-injury-cases-mahmood-vicks/https://jtnylaw.com/2011/02/strategic-mri-timing-personal-injury-cases-mahmood-vicks/Expert analysis of strategic MRI timing in NY personal injury cases. Learn why delayed imaging can be better. Long Island & NYC attorneys. Call 516-750-0595.Fri, 04 Feb 2011 20:21:38 GMT5102(d) issuesMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2011/02/sapa-regulations-administrative-interpretation-spodak/https://jtnylaw.com/2011/02/sapa-regulations-administrative-interpretation-spodak/Expert analysis of SAPA regulations and administrative interpretation in NY no-fault insurance. Long Island & NYC personal injury attorneys. Call 516-750-0595.Thu, 03 Feb 2011 22:21:44 GMTFee Schedulehttps://jtnylaw.com/2011/01/only-in-no-fault-can-a-civil-court-jho-reverse-the-holdings-of-the-appellate-divisions-and-the-court-of-appeals/https://jtnylaw.com/2011/01/only-in-no-fault-can-a-civil-court-jho-reverse-the-holdings-of-the-appellate-divisions-and-the-court-of-appeals/Understand how Civil Court JHOs can challenge higher court precedent through administrative deference in NY no-fault insurance law. Expert legal analysis.Tue, 25 Jan 2011 23:28:12 GMTFee Schedulehttps://jtnylaw.com/2011/01/bad-papers-bad-result/https://jtnylaw.com/2011/01/bad-papers-bad-result/Learn why proper legal documentation is critical in NY no-fault insurance cases. Expert analysis of MVAIC claims and common documentation errors.Thu, 20 Jan 2011 06:41:56 GMTCoveragehttps://jtnylaw.com/2011/01/chiropractor-fee-schedule-applied-to-acupuncture/https://jtnylaw.com/2011/01/chiropractor-fee-schedule-applied-to-acupuncture/Learn how chiropractor fee schedules affect acupuncture reimbursement under NY no-fault insurance. Expert legal analysis from Long Island personal injury attorneys.Thu, 20 Jan 2011 06:38:30 GMTFee Schedulehttps://jtnylaw.com/2011/01/no-fault-insurance-fraud-recovery-30-day-payment-rule-ny/https://jtnylaw.com/2011/01/no-fault-insurance-fraud-recovery-30-day-payment-rule-ny/Learn about NY's 30-day payment rule for no-fault fraud recovery. Expert analysis of Lincoln v Alev Medical Supply and its impact on Long Island & NYC personal injury cases. Call (516) 750-0595.Thu, 20 Jan 2011 06:32:22 GMTFraudhttps://jtnylaw.com/2011/01/post-notice-trial-calendar-issues-avoiding-procedural-limbo-ny-courts/https://jtnylaw.com/2011/01/post-notice-trial-calendar-issues-avoiding-procedural-limbo-ny-courts/Learn how to avoid post-notice of trial limbo in NY courts. Expert analysis of calendar restoration rules and procedural requirements for Long Island & NYC personal injury cases. Call (516) 750-0595.Thu, 20 Jan 2011 06:18:27 GMTProcedural IssuesStriking Notices of Trialhttps://jtnylaw.com/2011/01/trial-de-novo-rights-ny-arbitration-attorney-participation-preserves-options/https://jtnylaw.com/2011/01/trial-de-novo-rights-ny-arbitration-attorney-participation-preserves-options/Learn how attorney participation in NY arbitration hearings preserves your trial de novo rights. Expert analysis of Part 28 arbitration rules for Long Island & NYC cases. Call (516) 750-0595.Thu, 20 Jan 2011 05:58:03 GMTProcedural Issueshttps://jtnylaw.com/2011/01/verification-timing-no-fault-claims-bills-properly-delayed/https://jtnylaw.com/2011/01/verification-timing-no-fault-claims-bills-properly-delayed/Learn how verification timing affects no-fault insurance payment deadlines. Long Island attorneys explain UB-04, NF-2, and NF-5 form requirements.Thu, 20 Jan 2011 05:52:01 GMTAdditional Verificationhttps://jtnylaw.com/2011/01/workers-compensation-defense-no-fault-cases-specialized-expertise/https://jtnylaw.com/2011/01/workers-compensation-defense-no-fault-cases-specialized-expertise/Learn how Workers Compensation Board expertise is crucial in resolving no-fault insurance disputes. Long Island attorneys explain jurisdictional complexities.Mon, 17 Jan 2011 16:06:18 GMTWorkers Compensationhttps://jtnylaw.com/2011/01/material-misrepresentation-insurance-procurement-new-york-law/https://jtnylaw.com/2011/01/material-misrepresentation-insurance-procurement-new-york-law/Learn how New York law protects policyholders from untimely insurance denials based on alleged misrepresentation. Long Island insurance attorneys explain your rights.Mon, 17 Jan 2011 15:58:36 GMTCoverageMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2011/01/mvaic-claim-coverage-qualified-person-status-englington-medical/https://jtnylaw.com/2011/01/mvaic-claim-coverage-qualified-person-status-englington-medical/Learn MVAIC claim coverage requirements and qualified person status from Englington Medical case. Expert analysis for Long Island and NYC uninsured motorist accidents.Mon, 17 Jan 2011 15:49:01 GMTCoveragehttps://jtnylaw.com/2011/01/no-fault-insurance-claim-denials-five-boro-psychological-services/https://jtnylaw.com/2011/01/no-fault-insurance-claim-denials-five-boro-psychological-services/Expert legal analysis of no-fault insurance claim denials from Five Boro Psychological Services case. Learn denial of claim form evidence rules for Long Island and NYC.Sun, 16 Jan 2011 16:48:23 GMTPreservation of defenses on NF-10https://jtnylaw.com/2011/01/no-fault-verification-timing-30-10-5-timely/https://jtnylaw.com/2011/01/no-fault-verification-timing-30-10-5-timely/Learn how New York courts interpret no-fault insurance verification timing requirements. Expert legal analysis of Triangle R Inc. case affecting Long Island and NYC claims.Wed, 05 Jan 2011 02:44:50 GMTAdditional Verificationhttps://jtnylaw.com/2011/01/medical-necessity-no-fault-insurance-first-department-victory-carriers/https://jtnylaw.com/2011/01/medical-necessity-no-fault-insurance-first-department-victory-carriers/Learn about medical necessity in New York no-fault insurance from the First Department's Enko decision. Expert legal help for healthcare providers. Call 516-750-0595.Tue, 04 Jan 2011 02:48:26 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2011/01/no-fault-insurance-mailing-requirements-first-department-venom-decision/https://jtnylaw.com/2011/01/no-fault-insurance-mailing-requirements-first-department-venom-decision/Learn about New York no-fault insurance mailing requirements from the First Department's Lenox Hill decision. Expert legal help from Long Island attorneys. Call 516-750-0595.Tue, 04 Jan 2011 02:41:43 GMTMailinghttps://jtnylaw.com/2011/01/article-10-evidentiary-issues-expert-witness-testimony-hearsay-rules-ny-courts/https://jtnylaw.com/2011/01/article-10-evidentiary-issues-expert-witness-testimony-hearsay-rules-ny-courts/Learn about Article 10 evidentiary issues and expert witness testimony rules in New York courts. Get expert legal help from experienced Long Island attorneys. Call 516-750-0595.Tue, 04 Jan 2011 01:42:21 GMTEvidenceExpertsHearsayhttps://jtnylaw.com/2010/12/the-appellate-division-weighs-in-on-the-mailing-paradigm/https://jtnylaw.com/2010/12/the-appellate-division-weighs-in-on-the-mailing-paradigm/Appellate Division ruling on mailing paradigm requirements for DMV license suspension notices, addressing witness testimony standards and procedural evidence rules.Wed, 29 Dec 2010 15:57:53 GMTMailinghttps://jtnylaw.com/2010/12/very-interesting-discussion-involving-a-nurses-standard-of-care-in-the-medical-malpractice-realm/https://jtnylaw.com/2010/12/very-interesting-discussion-involving-a-nurses-standard-of-care-in-the-medical-malpractice-realm/Appellate Division ruling on nurse malpractice expert qualifications - home infusion therapy standard of care requires specialized experience for competent testimony.Wed, 29 Dec 2010 15:43:15 GMTEvidenceExpertshttps://jtnylaw.com/2010/12/it-was-a-good-run-at-the-cards/https://jtnylaw.com/2010/12/it-was-a-good-run-at-the-cards/Appellate Term aligns medical necessity evidence standards across New York no-fault judicial districts, ending favorable treatment for Nassau County plaintiffs.Mon, 27 Dec 2010 16:30:40 GMTEvidenceHearsayMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2010/12/prior-rulings-on-acupuncture-fee-schedule-and-proof-needed-to-oppose-a-medical-necessity-motion-stand/https://jtnylaw.com/2010/12/prior-rulings-on-acupuncture-fee-schedule-and-proof-needed-to-oppose-a-medical-necessity-motion-stand/New York appellate court clarifies acupuncture billing rates, medical necessity proof standards, and scope of practice in no-fault insurance disputes.Mon, 27 Dec 2010 16:04:25 GMTFee Schedulehttps://jtnylaw.com/2010/12/bills-not-paid-motion-denied/https://jtnylaw.com/2010/12/bills-not-paid-motion-denied/Court ruling establishes important precedent on burden of proof for insurance companies claiming medical bills were already paid in no-fault cases.Mon, 27 Dec 2010 15:59:57 GMTPaidhttps://jtnylaw.com/2010/12/guidance-on-how-to-defeat-a-lack-of-causation-motion-regarding-injury-to-a-knee/https://jtnylaw.com/2010/12/guidance-on-how-to-defeat-a-lack-of-causation-motion-regarding-injury-to-a-knee/Learn how to defeat lack of causation motions in knee injury cases. Expert guidance on establishing causal relationship between accidents and injuries in NY.Thu, 23 Dec 2010 04:15:57 GMTCausationCoveragehttps://jtnylaw.com/2010/12/an-unproven-mallela-defense-will-cost-state-wide-millions/https://jtnylaw.com/2010/12/an-unproven-mallela-defense-will-cost-state-wide-millions/NY No-Fault legal analysis: Mallela defense standards, burden of proof & pending Rabiner claims. Insurance case law update from State Farm v. MallelaThu, 23 Dec 2010 01:14:22 GMTMallela issueshttps://jtnylaw.com/2010/12/the-appellate-division-second-department-has-again-held-that-a-prima-facie-case-involves-a-business-record-foundation-for-the-entry-of-the-bills-into-evidence/https://jtnylaw.com/2010/12/the-appellate-division-second-department-has-again-held-that-a-prima-facie-case-involves-a-business-record-foundation-for-the-entry-of-the-bills-into-evidence/Appellate Division Second Department rules on prima facie case requirements for no-fault insurance claims, emphasizing business record foundations for medical bills.Sat, 18 Dec 2010 20:52:19 GMTPrima Facie casehttps://jtnylaw.com/2010/12/the-eip-does-not-need-to-be-notified-when-the-carrier-is-seeking-verification-from-a-provider-of-medical-services/https://jtnylaw.com/2010/12/the-eip-does-not-need-to-be-notified-when-the-carrier-is-seeking-verification-from-a-provider-of-medical-services/NY no-fault insurance verification requests don't require EIP notification when seeking info from medical providers, per Triangle R v Clarendon case analysis.Sat, 18 Dec 2010 20:40:46 GMTAdditional Verificationhttps://jtnylaw.com/2010/12/an-exercise-in-absurdity/https://jtnylaw.com/2010/12/an-exercise-in-absurdity/New York no-fault insurance case analysis examining peer review evidence requirements and stipulation breaches in medical necessity defenses.Wed, 15 Dec 2010 23:53:31 GMTNo-Faulthttps://jtnylaw.com/2010/12/a-computer-database-is-a-business-record/https://jtnylaw.com/2010/12/a-computer-database-is-a-business-record/New York Appellate Division confirms computer databases qualify as business records, allowing printouts to be admitted as evidence in court proceedings.Tue, 14 Dec 2010 17:06:15 GMTBusiness recordsEvidencehttps://jtnylaw.com/2010/12/punch-drunk-off-cplr-3212g/https://jtnylaw.com/2010/12/punch-drunk-off-cplr-3212g/Analysis of CPLR 3212(g) motion practice and trial issue limitations in New York no-fault insurance litigation, examining Quality Med. Healthcare case precedent.Mon, 13 Dec 2010 23:10:18 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/12/policy-limit-defense-is-preserved-when-payments-are-compelled-that-might-bring-the-payments-over-the-policy-limit/https://jtnylaw.com/2010/12/policy-limit-defense-is-preserved-when-payments-are-compelled-that-might-bring-the-payments-over-the-policy-limit/Court ruling allows insurers to preserve policy limit defenses even when compelled payments exceed coverage limits, protecting exhaustion claims in no-fault cases.Fri, 10 Dec 2010 20:50:49 GMTPolicy Exhaustionhttps://jtnylaw.com/2010/12/word-of-the-day-prejudice/https://jtnylaw.com/2010/12/word-of-the-day-prejudice/Court ruling adds "prejudice" test to defective denial analysis in New York no-fault PIP litigation, making denial validity determinations more complex.Fri, 10 Dec 2010 20:39:29 GMTPreservation of defenses on NF-10https://jtnylaw.com/2010/12/an-interesting-article-from-david-barshay-in-todays-law-journal-an-interesting-read/https://jtnylaw.com/2010/12/an-interesting-article-from-david-barshay-in-todays-law-journal-an-interesting-read/Attorney Jason Tenenbaum highlights David Barshay's important analysis of New York's new fee schedule changes and their impact on no-fault insurance law.Thu, 09 Dec 2010 18:16:51 GMTNo-Faulthttps://jtnylaw.com/2010/12/ins-law-5109-and-the-failure-to-promulgate-regulations-thereto-is-not-fatal-to-a-mallela-defense/https://jtnylaw.com/2010/12/ins-law-5109-and-the-failure-to-promulgate-regulations-thereto-is-not-fatal-to-a-mallela-defense/First Department rejects argument that lack of regulations under Insurance Law 5109 prevents Mallela defenses, finding such a result would be absurd and contrary to fraud prevention.Thu, 02 Dec 2010 03:39:08 GMTMallela issueshttps://jtnylaw.com/2010/12/spell-it-out-in-the-affidavit/https://jtnylaw.com/2010/12/spell-it-out-in-the-affidavit/Court ruling highlights that attorney affirmations without personal knowledge lack probative value in no-fault insurance verification disputes.Thu, 02 Dec 2010 03:33:02 GMTAdditional VerificationAssignment of BenefitsStandinghttps://jtnylaw.com/2010/12/and-now-the-ninth-and-tenth-follow-lockstep-with-the-second-eleventh-and-thirteenth/https://jtnylaw.com/2010/12/and-now-the-ninth-and-tenth-follow-lockstep-with-the-second-eleventh-and-thirteenth/Court decisions show consistent pattern: medical providers failing to submit proper affidavits of merit in medical necessity challenges will almost certainly lose at appellate level.Thu, 02 Dec 2010 03:26:04 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2010/12/affidavit-of-doctor-is-sufficient-to-demonstrate-non-appearence-at-the-euos/https://jtnylaw.com/2010/12/affidavit-of-doctor-is-sufficient-to-demonstrate-non-appearence-at-the-euos/Court confirms doctor's affidavit is sufficient proof of IME non-appearance when it includes proper address details from scheduling letters.Thu, 02 Dec 2010 03:08:58 GMTIME issuesPersonal knowledge of no showhttps://jtnylaw.com/2010/11/declaratory-judgment-may-not-be-impugned-even-if-granted-on-default/https://jtnylaw.com/2010/11/declaratory-judgment-may-not-be-impugned-even-if-granted-on-default/Court ruling demonstrates that declaratory judgments granted on default may still be enforceable, even when the underlying basis for non-coverage isn't disclosed in the opinion.Tue, 30 Nov 2010 22:48:13 GMTDeclaratory Judgment ActionProcedural Issueshttps://jtnylaw.com/2010/11/more-excusable-law-office-failure/https://jtnylaw.com/2010/11/more-excusable-law-office-failure/Law office failure case where First Department found excuse reasonable for restoring dismissed no-fault action despite paralegal's misunderstanding of case status on court website.Tue, 30 Nov 2010 22:17:28 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2010/11/a-real-doozy-from-the-fourth-department/https://jtnylaw.com/2010/11/a-real-doozy-from-the-fourth-department/Fourth Department reverses $44 million liability verdict, ordering fourth new trial while criticizing attorney conduct in complex evidentiary case.Tue, 30 Nov 2010 04:40:20 GMTEvidenceHearsayhttps://jtnylaw.com/2010/11/this-was-excusable-law-office-failure/https://jtnylaw.com/2010/11/this-was-excusable-law-office-failure/NY Court reverses dismissal for attorney's failure to appear, ruling law office failure due to family health crisis was excusable under CPLR 2005Tue, 30 Nov 2010 04:31:06 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2010/11/more-plaintiffs-fail-to-rebut-an-insurance-carriers-medical-utilization-report/https://jtnylaw.com/2010/11/more-plaintiffs-fail-to-rebut-an-insurance-carriers-medical-utilization-report/Three recent no-fault insurance cases demonstrate how plaintiffs consistently fail to provide adequate medical expert testimony to rebut insurance carriers' utilization reports.Sun, 28 Nov 2010 03:45:36 GMT2106 and 2309Medical NecessityProcedural IssuesSufficiency of medical oppositionhttps://jtnylaw.com/2010/11/is-it-really-the-public-policy-of-this-state-to-adjudicate-cases-on-their-merits-ask-the-appellate-term-second-department/https://jtnylaw.com/2010/11/is-it-really-the-public-policy-of-this-state-to-adjudicate-cases-on-their-merits-ask-the-appellate-term-second-department/Appellate Term Second Department cases on insurance default judgments, law office failure excuses, and CPLR 2004 extensions in New York no-fault litigation.Sun, 28 Nov 2010 03:36:17 GMTClaims office failureDefaultsLaw Office Failurehttps://jtnylaw.com/2010/11/revocation-of-the-assignment-material-misrepresentations-under-new-jersey-and-new-york-law/https://jtnylaw.com/2010/11/revocation-of-the-assignment-material-misrepresentations-under-new-jersey-and-new-york-law/Learn about assignment revocation and material misrepresentation defenses in New Jersey vs New York no-fault insurance law from this landmark 2010 court decision.Sun, 28 Nov 2010 03:08:58 GMTNo-Faulthttps://jtnylaw.com/2010/11/the-fifth-time-2106-was-invoked/https://jtnylaw.com/2010/11/the-fifth-time-2106-was-invoked/Attorney Jason Tenenbaum discusses his fifth successful challenge using CPLR 2106, preventing improper affirmations by corporate principals in litigation.Sun, 28 Nov 2010 02:57:26 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2010/11/it-is-facebook-split-decision/https://jtnylaw.com/2010/11/it-is-facebook-split-decision/Appellate Division ruling on Facebook discovery in personal injury cases - court denies overly broad social media account access requestsSun, 21 Nov 2010 07:45:09 GMTDiscoveryhttps://jtnylaw.com/2010/11/dr-collins-again/https://jtnylaw.com/2010/11/dr-collins-again/Appellate Term compels Dr. Collins to attend deposition in another RLC Medical case, highlighting recurring patterns in no-fault insurance litigation.Thu, 18 Nov 2010 05:02:51 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2010/11/45-day-rule-involving-mvaic-and-cplr-3212f/https://jtnylaw.com/2010/11/45-day-rule-involving-mvaic-and-cplr-3212f/Learn about the 45-day rule for MVAIC claims and CPLR 3212(f) discovery requirements. Key court case analysis for New York no-fault insurance practitioners.Mon, 15 Nov 2010 02:28:46 GMTNo-Faulthttps://jtnylaw.com/2010/11/workers-compensatoin-dismissal/https://jtnylaw.com/2010/11/workers-compensatoin-dismissal/Court case analysis showing consequences of failing to promptly apply to Workers' Compensation Board within 90 days after successful summary judgment motion results in dismissal.Mon, 15 Nov 2010 02:15:10 GMTWorkers Compensationhttps://jtnylaw.com/2010/11/acupuncture-is-reimbursable-at-the-fill-in-the-blankagain/https://jtnylaw.com/2010/11/acupuncture-is-reimbursable-at-the-fill-in-the-blankagain/NY acupuncture reimbursement case: Appellate Term rules on proper billing codes 97810, 97811 and initial consultation fees under no-fault insurance law.Mon, 15 Nov 2010 02:07:42 GMTFee Schedulehttps://jtnylaw.com/2010/11/the-trap-called-2106/https://jtnylaw.com/2010/11/the-trap-called-2106/Learn about CPLR 2106 affirmation requirements in New York no-fault insurance cases and why affidavits are safer than affirmations for medical providers.Mon, 15 Nov 2010 01:48:24 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2010/11/the-mvaic-blood-letting-continues/https://jtnylaw.com/2010/11/the-mvaic-blood-letting-continues/MVAIC faces another courtroom defeat in S & L Med. P.C. v MVAIC, where untimely claim denials failed to protect against qualified no-fault benefit challenges.Mon, 08 Nov 2010 20:46:40 GMTCoverageNon eligible injured personhttps://jtnylaw.com/2010/11/brutal-discovery-decision-from-the-appellate-term-first-department/https://jtnylaw.com/2010/11/brutal-discovery-decision-from-the-appellate-term-first-department/Appellate Term First Department issues harsh discovery sanctions ruling, striking defendant's answer for failure to respond to disclosure requests in no-fault case.Mon, 08 Nov 2010 01:00:41 GMTDiscoveryDiscovery sanctionshttps://jtnylaw.com/2010/10/interesting-procedural-case-involing-the-ability-to-appeal-motions-to-strike-3101d-disclosures-in-advance-of-trial/https://jtnylaw.com/2010/10/interesting-procedural-case-involing-the-ability-to-appeal-motions-to-strike-3101d-disclosures-in-advance-of-trial/NY appellate court rules motions to strike expert witness disclosures are evidentiary rulings not appealable until final judgment, affecting biomechanical engineer testimony.Sat, 30 Oct 2010 16:49:41 GMTEvidenceExpertshttps://jtnylaw.com/2010/10/crazy/https://jtnylaw.com/2010/10/crazy/Nassau County District Court ruling on IME cut-offs and medical necessity burden of proof in no-fault insurance claims - analyzing flawed legal reasoning.Wed, 27 Oct 2010 22:14:09 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2010/10/the-six-year-statute-of-limitations-period-commences-30-days-from-receipt-of-the-claim-form/https://jtnylaw.com/2010/10/the-six-year-statute-of-limitations-period-commences-30-days-from-receipt-of-the-claim-form/New York no-fault insurance statute of limitations begins 30 days after claim form receipt, not denial date. Court clarifies SOL rules for medical providers.Tue, 26 Oct 2010 18:27:04 GMTStatute of Limitationshttps://jtnylaw.com/2010/10/collateral-estoppel-does-not-preclude-an-arbitrator-from-ruling-differently-from-another-arbitrator-on-the-same-issue/https://jtnylaw.com/2010/10/collateral-estoppel-does-not-preclude-an-arbitrator-from-ruling-differently-from-another-arbitrator-on-the-same-issue/New York Court of Appeals rules that collateral estoppel does not prevent arbitrators from reaching different conclusions on same issues in no-fault vs SUM arbitrations.Thu, 21 Oct 2010 23:00:35 GMTProcedural IssuesRes Judicatahttps://jtnylaw.com/2010/10/the-failure-to-respond-to-all-of-the-requested-verification-renders-lawsuit-premature/https://jtnylaw.com/2010/10/the-failure-to-respond-to-all-of-the-requested-verification-renders-lawsuit-premature/New York court rules that partial compliance with additional verification requests renders no-fault insurance lawsuits premature, requiring complete response to all items.Tue, 19 Oct 2010 00:20:32 GMTAdditional Verificationhttps://jtnylaw.com/2010/10/i-was-emoloyed-with-blank-when-the-mailing-activity-occurred/https://jtnylaw.com/2010/10/i-was-emoloyed-with-blank-when-the-mailing-activity-occurred/New York court ruling shows insurance companies must prove proper mailing procedures through qualified witnesses who were actually employed during the relevant time period.Mon, 18 Oct 2010 22:02:34 GMTMailinghttps://jtnylaw.com/2010/10/the-proper-mecanism-to-vacate-a-motion-for-summary-judgment-granted-on-default-is-through-5015a/https://jtnylaw.com/2010/10/the-proper-mecanism-to-vacate-a-motion-for-summary-judgment-granted-on-default-is-through-5015a/Learn the proper mechanism to vacate summary judgment granted on default through CPLR 5015(a) motions vs renewal motions in NY no-fault insurance cases.Mon, 18 Oct 2010 21:59:40 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2010/10/party-seeking-to-vacate-a-default-based-upon-intrinsic-fraud-must-demonstrate-a-reasonable-excuse/https://jtnylaw.com/2010/10/party-seeking-to-vacate-a-default-based-upon-intrinsic-fraud-must-demonstrate-a-reasonable-excuse/New York court rules on vacating default judgments based on intrinsic fraud - defendant must show reasonable excuse for default under CPLR 5015(a)(3).Mon, 18 Oct 2010 21:48:20 GMTDefaultshttps://jtnylaw.com/2010/10/the-magic-bus/https://jtnylaw.com/2010/10/the-magic-bus/Cuomo v Ferran case explores mobile dental treatment fraud and no-fault insurance implications involving converted Greyhound buses used as mobile dentist offices in New York.Sun, 17 Oct 2010 15:44:02 GMTNo-Faulthttps://jtnylaw.com/2010/10/dwi-defense-to-no-fault-benefits-not-substantiated-in-opposition-to-hospitals-motion-for-summary-judgment/https://jtnylaw.com/2010/10/dwi-defense-to-no-fault-benefits-not-substantiated-in-opposition-to-hospitals-motion-for-summary-judgment/Court ruling on DWI defense to no-fault benefits requires proof of causation, not just intoxication. Westchester Med. Ctr. v Government Employees case analysis.Thu, 14 Oct 2010 20:58:31 GMTDWI issueshttps://jtnylaw.com/2010/10/lack-of-causal-relationship-motion-denied-based-upon-evidence-that-the-injured-person-was-asymptomatic-prior-to-the-motor-vehicle-accident/https://jtnylaw.com/2010/10/lack-of-causal-relationship-motion-denied-based-upon-evidence-that-the-injured-person-was-asymptomatic-prior-to-the-motor-vehicle-accident/Court denies lack of causal relationship motion when plaintiff was asymptomatic before motor vehicle accident, despite prior injuries and degenerative changes.Tue, 12 Oct 2010 22:08:02 GMTCausationCoveragehttps://jtnylaw.com/2010/10/mvaic-continues-to-dig-its-grave-at-the-appellate-division/https://jtnylaw.com/2010/10/mvaic-continues-to-dig-its-grave-at-the-appellate-division/MVAIC faces setbacks at Appellate Division as courts consistently rule against its coverage defenses, requiring proof of lack-of-coverage claims in NY no-fault cases.Fri, 08 Oct 2010 22:45:36 GMTCoverageNon eligible injured personResident Relativehttps://jtnylaw.com/2010/10/proof-akin-to-that-in-opposition-to-a-motion-for-summary-judgement-necessary-to-defeat-a-3216-motion/https://jtnylaw.com/2010/10/proof-akin-to-that-in-opposition-to-a-motion-for-summary-judgement-necessary-to-defeat-a-3216-motion/Court compares CPLR 3216 motion standards to summary judgment opposition burden, highlighting conflicting departmental approaches to meritorious cause requirements in NY litigation.Fri, 08 Oct 2010 22:15:45 GMTProcedural Issueshttps://jtnylaw.com/2010/10/pan-chiro-sightings/https://jtnylaw.com/2010/10/pan-chiro-sightings/Pan Chiro case continues to be cited in NY no-fault insurance medical necessity disputes, showing how poor affidavits of merit fail against proper peer review reports.Fri, 08 Oct 2010 22:03:57 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2010/10/there-is-no-need-to-specify-the-particular-date-a-denial-was-mailed-on-the-affidavit/https://jtnylaw.com/2010/10/there-is-no-need-to-specify-the-particular-date-a-denial-was-mailed-on-the-affidavit/Court rules that insurance companies don't need to specify exact mailing dates in affidavits when proving timely denial of no-fault claims under standard office procedures.Fri, 08 Oct 2010 21:53:01 GMTMailinghttps://jtnylaw.com/2010/10/what-went-wrong-here/https://jtnylaw.com/2010/10/what-went-wrong-here/Aminov v Travelers case analysis: court finds insurer failed to prove non-receipt of claim forms despite provider's incomplete complaint documentation.Fri, 08 Oct 2010 21:45:17 GMTNon receipt of billTimely submissions of Billshttps://jtnylaw.com/2010/10/law-of-the-case-does-not-apply-to-discovery-orders/https://jtnylaw.com/2010/10/law-of-the-case-does-not-apply-to-discovery-orders/New York appellate court clarifies that the law of the case doctrine does not apply to prior discovery orders, offering flexibility in litigation management.Fri, 08 Oct 2010 21:34:18 GMTDiscoveryDiscovery sanctionshttps://jtnylaw.com/2010/10/prima-facie-again/https://jtnylaw.com/2010/10/prima-facie-again/New York courts continue to refine prima facie standards for business records evidence in no-fault insurance cases, with recent Appellate Term and Fourth Department decisions.Fri, 08 Oct 2010 21:26:41 GMTBusiness recordsEvidencehttps://jtnylaw.com/2010/10/an-experts-opinion-based-upon-hearsay-is-allowable-in-an-article-10-mental-health-hearing/https://jtnylaw.com/2010/10/an-experts-opinion-based-upon-hearsay-is-allowable-in-an-article-10-mental-health-hearing/Court ruling allows expert psychologist testimony based on hearsay in Mental Health Law Article 10 proceedings when used to explain opinion basis, not truth.Wed, 06 Oct 2010 04:48:53 GMTEvidenceExpertsHearsayhttps://jtnylaw.com/2010/10/an-account-stated-must-be-supported-by-evidence-in-admissible-form/https://jtnylaw.com/2010/10/an-account-stated-must-be-supported-by-evidence-in-admissible-form/New York court rules that account stated claims require proper business records foundation under CPLR 4518, not just submission of credit card statements without authentication.Wed, 06 Oct 2010 04:24:07 GMTBusiness recordsEvidencePrima Facie casehttps://jtnylaw.com/2010/10/business-records-from-the-fourth-department/https://jtnylaw.com/2010/10/business-records-from-the-fourth-department/Fourth Department case demonstrates exacting standards for business records exception, requiring detailed testimony about record-keeping procedures and contemporaneous creation practices.Wed, 06 Oct 2010 04:10:59 GMTBusiness recordsEvidencehttps://jtnylaw.com/2010/09/in-todays-law-journal/https://jtnylaw.com/2010/09/in-todays-law-journal/Attorney Jason Tenenbaum discusses why the fee schedule defense in no-fault insurance cases is fundamentally flawed and unjust to medical providers and injured parties.Wed, 29 Sep 2010 04:46:54 GMTNo-Faulthttps://jtnylaw.com/2010/09/exageration-of-symtpoms-beats-a-threshold-motion/https://jtnylaw.com/2010/09/exageration-of-symtpoms-beats-a-threshold-motion/New York court ruling shows that medical experts claiming symptom exaggeration must provide objective evidence to support their conclusions in no-fault threshold cases.Thu, 23 Sep 2010 21:48:44 GMT5102(d) issueshttps://jtnylaw.com/2010/09/1656/https://jtnylaw.com/2010/09/1656/Court rules plaintiff must provide sufficient information on NF-2 forms to establish insured status in no-fault claims, highlighting coverage determination requirements.Thu, 23 Sep 2010 21:37:58 GMTCoverageNon eligible injured personhttps://jtnylaw.com/2010/09/summary-judgment-granted-on-euo-no-show-defense-interesting-analysis/https://jtnylaw.com/2010/09/summary-judgment-granted-on-euo-no-show-defense-interesting-analysis/Court grants summary judgment on EUO no-show defense in Dover Acupuncture v State Farm, analyzing First Department's approach to policy violations.Sat, 18 Sep 2010 17:53:18 GMTEUO issuesReasonableness and standard of proofhttps://jtnylaw.com/2010/09/be-careful-what-you-ask-for-discovery-by-summary-judgment-motion/https://jtnylaw.com/2010/09/be-careful-what-you-ask-for-discovery-by-summary-judgment-motion/Learn how summary judgment motions in no-fault insurance cases can backfire on carriers when discovery rules work against them in medical necessity disputes.Wed, 15 Sep 2010 12:56:57 GMTMailingMedical NecessityPrima Facie caseSufficiency of medical evidencehttps://jtnylaw.com/2010/09/3211a1-does-not-apply-to-an-euo-no-show-defense/https://jtnylaw.com/2010/09/3211a1-does-not-apply-to-an-euo-no-show-defense/Court rules CPLR 3211(a)(1) cannot establish policy violation defenses in no-fault cases, highlighting the need for strategic motion practice in busy NYC courts.Thu, 09 Sep 2010 01:36:08 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/08/plaintiff-given-a-second-chance-to-correct-the-form-of-his-papers/https://jtnylaw.com/2010/08/plaintiff-given-a-second-chance-to-correct-the-form-of-his-papers/Court grants plaintiff's renewal motion to correct defective medical affirmations, allowing second chance to submit proper documentation in personal injury case.Thu, 19 Aug 2010 22:33:10 GMTProcedural IssuesRenew and rearguehttps://jtnylaw.com/2010/08/how-did-you-know-that-you-never-received-the-requested-verification/https://jtnylaw.com/2010/08/how-did-you-know-that-you-never-received-the-requested-verification/New York courts require insurance companies to prove they never received verification documents with specific evidence and personal knowledge, not mere assertions.Thu, 19 Aug 2010 22:18:54 GMTAdditional Verificationhttps://jtnylaw.com/2010/08/euo-letters-were-mailed-and-the-claimant-failed-to-attend-the-euo-summary-judgment-granted/https://jtnylaw.com/2010/08/euo-letters-were-mailed-and-the-claimant-failed-to-attend-the-euo-summary-judgment-granted/NY court grants summary judgment when claimant fails to attend EUO after proper mailing of scheduling letters. No-fault defense guide for Long Island & NYC attorneys.Thu, 19 Aug 2010 22:16:34 GMTEUO issuesPersonal knowledge of no-showTimeliness of requestshttps://jtnylaw.com/2010/08/the-spreadsheet-was-not-in-admissible-form/https://jtnylaw.com/2010/08/the-spreadsheet-was-not-in-admissible-form/Court case analysis examining admissibility of business records and material misrepresentation in no-fault insurance policy procurement disputes in New York.Thu, 19 Aug 2010 22:11:20 GMTBusiness recordsCoverageDiscoveryEBT IssuesEvidenceMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2010/08/triable-issue-of-fact-found-as-to-the-issue-of-whether-an-injury-was-causally-related-to-a-motor-vehicle-accident/https://jtnylaw.com/2010/08/triable-issue-of-fact-found-as-to-the-issue-of-whether-an-injury-was-causally-related-to-a-motor-vehicle-accident/Court finds triable issue of fact on injury causation in motor vehicle accident case despite strong radiological evidence showing pre-existing degenerative condition.Thu, 19 Aug 2010 21:16:50 GMTCausationCoveragehttps://jtnylaw.com/2010/08/wouldnt-it-be-great-if-we-could-win-them-all/https://jtnylaw.com/2010/08/wouldnt-it-be-great-if-we-could-win-them-all/Personal injury attorney Jason Tenenbaum reflects on mixed appellate court results, challenging misconceptions about defendant-friendly rulings in no-fault cases.Thu, 19 Aug 2010 20:04:21 GMTNo-Faulthttps://jtnylaw.com/2010/08/counterclaim-based-upon-precludable-fraud-rebuffed/https://jtnylaw.com/2010/08/counterclaim-based-upon-precludable-fraud-rebuffed/New York court rejects GEICO's fraud counterclaim in no-fault case, ruling claims precluded due to untimely denial of benefits on fraud grounds.Tue, 17 Aug 2010 19:53:40 GMTFraudPreservation of defenses on NF-10https://jtnylaw.com/2010/08/a-chiropactor-may-bill-for-manipulation-under-anethesia-services-but-you-knew-that-already/https://jtnylaw.com/2010/08/a-chiropactor-may-bill-for-manipulation-under-anethesia-services-but-you-knew-that-already/Civil Court ruling confirms chiropractors can bill for manipulation under anesthesia (MUA) services in no-fault insurance claims with specific rate limitations.Fri, 06 Aug 2010 22:01:56 GMTFee Schedulehttps://jtnylaw.com/2010/07/euo-no-show-case-3/https://jtnylaw.com/2010/07/euo-no-show-case-3/Long Island court case analysis: Points of Health v Lancer Insurance on EUO scheduling letters, timely mailing procedures, and no-fault claim denial defenses.Fri, 30 Jul 2010 23:26:00 GMTEUO issuesTimeliness of requestshttps://jtnylaw.com/2010/07/euo-no-show-case-2/https://jtnylaw.com/2010/07/euo-no-show-case-2/Court ruling on EUO no-show defense requirements in NY no-fault cases, emphasizing timely scheduling letters and proper affidavits to toll claim periods.Fri, 30 Jul 2010 22:56:14 GMTEUO issuesTimeliness of requestshttps://jtnylaw.com/2010/07/ime-no-show-case-1/https://jtnylaw.com/2010/07/ime-no-show-case-1/Marina v Praetorian case analysis: NY Appellate Term rules on IME no-show appeals, establishing prima facie requirements for insurers and claimant defense strategies.Fri, 30 Jul 2010 22:44:08 GMTIME issueshttps://jtnylaw.com/2010/07/use-and-operation-should-the-sum-endorsement-be-read-differently-than-the-no-fault-endorsement/https://jtnylaw.com/2010/07/use-and-operation-should-the-sum-endorsement-be-read-differently-than-the-no-fault-endorsement/Analysis of use and operation coverage differences between SUM endorsement and no-fault PIP endorsement under New York insurance law.Mon, 26 Jul 2010 22:06:25 GMTCoverageUse and Operationhttps://jtnylaw.com/2010/07/notice-to-admit-is-successful-in-district-court/https://jtnylaw.com/2010/07/notice-to-admit-is-successful-in-district-court/District Court allows Notice to Admit to satisfy prima facie burden in no-fault case, despite Second Department precedent requiring business records foundation.Wed, 21 Jul 2010 02:48:27 GMTPrima Facie casehttps://jtnylaw.com/2010/07/this-one-takes-the-cake/https://jtnylaw.com/2010/07/this-one-takes-the-cake/Attorney Jason Tenenbaum criticizes a 2010 Nassau District Court decision in Dynamic Medical Imaging v State Farm, calling it legally flawed and against established precedent.Wed, 21 Jul 2010 02:29:36 GMTEUO issuesReasonableness and standard of proofSufficiency of letters and requestshttps://jtnylaw.com/2010/07/amendment-of-bill-of-particulars-on-the-eve-of-trial-is-allowed/https://jtnylaw.com/2010/07/amendment-of-bill-of-particulars-on-the-eve-of-trial-is-allowed/New York Appellate Term rules that amending a bill of particulars on the eve of trial requires judicial discretion exercised in a "discreet, circumspect, prudent and cautious manner."Mon, 19 Jul 2010 21:32:15 GMTBill of Particulars issuesDiscoveryhttps://jtnylaw.com/2010/07/failure-to-appear-for-trial-allows-the-complaint-to-be-dismissed-with-prejudice/https://jtnylaw.com/2010/07/failure-to-appear-for-trial-allows-the-complaint-to-be-dismissed-with-prejudice/New York court case demonstrates how failure to appear for trial can result in complaint dismissal with prejudice, highlighting the importance of calendar control in litigation.Mon, 19 Jul 2010 21:26:24 GMTCalendar Controlhttps://jtnylaw.com/2010/07/consolidation-and-belated-discovery-denied/https://jtnylaw.com/2010/07/consolidation-and-belated-discovery-denied/Court denies consolidation and amendment motions in no-fault insurance case, ruling on discovery procedures and fraudulent incorporation claims.Mon, 19 Jul 2010 21:20:47 GMTAmendmentsConsolidationDiscoveryEBT IssuesMallela issuesNotice of Trial issuesPleadingsProcedural Issueshttps://jtnylaw.com/2010/07/they-sunk-their-own-battleship/https://jtnylaw.com/2010/07/they-sunk-their-own-battleship/Personal injury defendants must carefully review medical records before using them as evidence, as plaintiff's own treating physician reports can backfire and establish serious injuries.Sun, 18 Jul 2010 15:33:26 GMT5102(d) issueshttps://jtnylaw.com/2010/07/the-minimum-that-an-affidavit-must-contain/https://jtnylaw.com/2010/07/the-minimum-that-an-affidavit-must-contain/Learn the minimum requirements for a valid affidavit in New York courts, including essential language and notarization standards from recent case law.Fri, 09 Jul 2010 02:35:55 GMTAffidavitsProcedural Issueshttps://jtnylaw.com/2010/07/give-it-up-already/https://jtnylaw.com/2010/07/give-it-up-already/Appellate Term Second Department reaffirms acupuncture services reimbursable at chiropractor rates under NY no-fault insurance law, rejecting invalid defenses.Thu, 08 Jul 2010 21:34:32 GMTFee Schedulehttps://jtnylaw.com/2010/07/a-signifcant-knee-surgery-does-not-defeat-the-5102d-serious-injury-threshold/https://jtnylaw.com/2010/07/a-signifcant-knee-surgery-does-not-defeat-the-5102d-serious-injury-threshold/Court rules knee surgery including ACL reconstruction doesn't meet NY serious injury threshold when medical records show full strength and range of motion post-surgery.Wed, 07 Jul 2010 20:35:36 GMT5102(d) issuesMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2010/07/why-dont-defendants-start-to-use-the-notice-to-admit-to-establish-their-prima-facie-am-i-missing-something/https://jtnylaw.com/2010/07/why-dont-defendants-start-to-use-the-notice-to-admit-to-establish-their-prima-facie-am-i-missing-something/Exploring whether defendants can use Notices to Admit to establish prima facie cases in New York no-fault insurance litigation and departmental differences.Thu, 01 Jul 2010 20:47:19 GMTBusiness recordsEvidenceMailingPrima Facie casehttps://jtnylaw.com/2010/06/analysis-or-reference-to-scientific-data-is-necessary-to-defeat-a-motion-based-upon-the-lack-of-causal-connection-between-lead-pain-and-attendant-poisoning/https://jtnylaw.com/2010/06/analysis-or-reference-to-scientific-data-is-necessary-to-defeat-a-motion-based-upon-the-lack-of-causal-connection-between-lead-pain-and-attendant-poisoning/New York Court of Appeals ruling demonstrates that expert testimony in toxic exposure cases requires scientific data and analysis, not mere speculation, to establish causation.Tue, 22 Jun 2010 21:34:17 GMTEvidenceExpertsMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2010/06/and-why-would-you-not-bring-your-case-in-manhattan-or-the-bronx/https://jtnylaw.com/2010/06/and-why-would-you-not-bring-your-case-in-manhattan-or-the-bronx/Central Nassau Diagnostic Imaging v GEICO case shows how providers can use admissions from notices to admit to establish prima facie cases for no-fault benefits.Mon, 21 Jun 2010 21:11:29 GMTPrima Facie casehttps://jtnylaw.com/2010/06/inconsistencies-in-the-proof-of-mailing-end-plaintiffs-quest-for-summary-judgment/https://jtnylaw.com/2010/06/inconsistencies-in-the-proof-of-mailing-end-plaintiffs-quest-for-summary-judgment/Court denies plaintiff's summary judgment motion due to inconsistencies between billing manager's affidavit and mailing certificate in no-fault insurance case.Sat, 19 Jun 2010 18:59:08 GMTMailinghttps://jtnylaw.com/2010/06/defaults-again/https://jtnylaw.com/2010/06/defaults-again/NY courts increasingly require movants seeking default judgments to provide summary judgment-level proof. Appellate Division case analysis on rear-end collision presumptions.Fri, 18 Jun 2010 14:14:11 GMT3215(f) issuesDefaultshttps://jtnylaw.com/2010/06/the-denial-of-claim-form-does-not-need-to-be-placed-into-evidence/https://jtnylaw.com/2010/06/the-denial-of-claim-form-does-not-need-to-be-placed-into-evidence/Court ruling explains when denial of claim forms don't need business records exception - hearsay rules in no-fault insurance evidence cases on Long Island.Fri, 11 Jun 2010 03:32:00 GMTBusiness recordsEvidencePrima Facie casehttps://jtnylaw.com/2010/06/the-destruction-of-peer-hearsay-it-is-not-hearsay-and-much-more/https://jtnylaw.com/2010/06/the-destruction-of-peer-hearsay-it-is-not-hearsay-and-much-more/Examining peer hearsay exceptions in NY no-fault cases, medical record admissibility, and verification procedures in Urban Radiology v Tri-State Consumer.Fri, 11 Jun 2010 03:24:11 GMT5102(d) issuesAdditional VerificationBusiness recordsEvidenceExpertsHearsayProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/06/the-first-appellate-case-interpretting-the-one-year-rule/https://jtnylaw.com/2010/06/the-first-appellate-case-interpretting-the-one-year-rule/First appellate case interpreting New York's no-fault one year rule for treatment requirements - Marc Habif v Kemper Auto case analysis and key takeaways.Fri, 11 Jun 2010 02:27:58 GMTTimely notice of claimhttps://jtnylaw.com/2010/06/a-plaintiffs-own-hospital-records-defeated-his-own-threshold-summary-judgment-motion/https://jtnylaw.com/2010/06/a-plaintiffs-own-hospital-records-defeated-his-own-threshold-summary-judgment-motion/Court examines how plaintiff's own hospital records contradicted expert testimony in no-fault threshold case, creating triable issues of fact.Sun, 06 Jun 2010 00:51:18 GMT5102(d) issuesMedical Necessityhttps://jtnylaw.com/2010/06/where-you-can-go-wrong-on-a-liability-case-an-interesting-and-scary-read/https://jtnylaw.com/2010/06/where-you-can-go-wrong-on-a-liability-case-an-interesting-and-scary-read/A cautionary tale about how failing to establish basic liability elements can lead to directed verdicts and potential malpractice claims in personal injury cases.Sun, 06 Jun 2010 00:41:43 GMTPrima Facie casehttps://jtnylaw.com/2010/05/an-unobjected-to-euo-notice-precludes-a-later-challenge-to-the-propriety-of-the-notice/https://jtnylaw.com/2010/05/an-unobjected-to-euo-notice-precludes-a-later-challenge-to-the-propriety-of-the-notice/New York no-fault insurance law case establishing that failure to object to EUO notice prevents later challenges to its validity or reasonableness.Tue, 01 Jun 2010 03:56:04 GMTAdditional Verificationhttps://jtnylaw.com/2010/05/the-appellate-division-grants-an-article-75-petition-and-remands-the-matter-back-to-aaa-arbitration/https://jtnylaw.com/2010/05/the-appellate-division-grants-an-article-75-petition-and-remands-the-matter-back-to-aaa-arbitration/Appellate Division grants Article 75 petition in MVAIC v Interboro Medical, remanding no-fault arbitration case back to AAA for coverage determination.Tue, 01 Jun 2010 03:37:19 GMTArbitrationsArticle 75CoverageNo Policy of Insurancehttps://jtnylaw.com/2010/05/the-policy-of-insurance-does-not-need-to-be-included-in-the-motion-as-to-ime-defaults-that-is/https://jtnylaw.com/2010/05/the-policy-of-insurance-does-not-need-to-be-included-in-the-motion-as-to-ime-defaults-that-is/Court rules insurance policy not required in IME default motions under NY no-fault law. Apollo Chiropractic case establishes prima facie showing requirements.Tue, 25 May 2010 03:12:15 GMTIME issueshttps://jtnylaw.com/2010/05/what-is-a-prima-facie-case-in-the-second-department/https://jtnylaw.com/2010/05/what-is-a-prima-facie-case-in-the-second-department/Court procedural order granting extension to file reply brief in no-fault insurance case between medical provider and GEICO, showing typical appellate timeline management.Mon, 24 May 2010 17:11:05 GMTPrima Facie casehttps://jtnylaw.com/2010/05/an-untimely-cross-motion-will-not-be-forgiven-when-the-sought-after-relief-is-based-upon-a-different-issue-than-that-found-in-the-main-motion/https://jtnylaw.com/2010/05/an-untimely-cross-motion-will-not-be-forgiven-when-the-sought-after-relief-is-based-upon-a-different-issue-than-that-found-in-the-main-motion/Court rules untimely cross-motions for summary judgment won't be excused when seeking relief based on different issues than the main motion, as seen in Leonardi v Cruz.Mon, 24 May 2010 01:55:23 GMTSummary Judgment Issueshttps://jtnylaw.com/2010/05/another-doozy-of-a-default-decision/https://jtnylaw.com/2010/05/another-doozy-of-a-default-decision/Court reverses default judgment denial in no-fault insurance case, highlighting CPLR 3215(f) requirements and business records foundation issues in New York.Mon, 24 May 2010 01:43:04 GMT3215(f) issuesDefaultshttps://jtnylaw.com/2010/05/couldnt-get-it-right-the-second-time-around/https://jtnylaw.com/2010/05/couldnt-get-it-right-the-second-time-around/Court rules improper IME scheduling letters from third-party MCN to defendant instead of claimant failed to toll no-fault insurer's payment deadline.Mon, 24 May 2010 01:30:02 GMTIME issuesSufficiency of lettershttps://jtnylaw.com/2010/05/a-4300-affirmation-and-another-pan-chiro-citing-or-sighting/https://jtnylaw.com/2010/05/a-4300-affirmation-and-another-pan-chiro-citing-or-sighting/Court reverses $4,300 judgment due to insufficient medical affidavit that failed to address insurer's peer review determination in no-fault case.Mon, 24 May 2010 01:21:03 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2010/05/good-luck-trying-to-vacate-a-no-fault-arbitration-award-pursuant-to-article-75/https://jtnylaw.com/2010/05/good-luck-trying-to-vacate-a-no-fault-arbitration-award-pursuant-to-article-75/New York Court of Appeals establishes narrow grounds for vacating no-fault arbitration awards under CPLR 7511, emphasizing limited judicial review options.Sat, 15 May 2010 17:09:14 GMTArbitrationsArticle 75https://jtnylaw.com/2010/05/ebt-transcript-invalid-because-it-was-not-mailed-to-plaintiff-cplr-3117/https://jtnylaw.com/2010/05/ebt-transcript-invalid-because-it-was-not-mailed-to-plaintiff-cplr-3117/Second Department rules unsigned EBT transcript inadmissible under CPLR 3116(a), but decision conflicts with prior party deposition precedent in New York.Sat, 15 May 2010 17:03:47 GMTDeposition transcriptsHypo-technical defectsProcedural Issueshttps://jtnylaw.com/2010/05/peer-review-reports-no-fault-insurance-personal-injury/https://jtnylaw.com/2010/05/peer-review-reports-no-fault-insurance-personal-injury/Learn how the Elmont Open MRI v State Farm case impacts personal injury claims and what peer review reports mean for your recovery.Sat, 15 May 2010 16:39:20 GMTMailingMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2010/05/45-day-rule-insufficiency-of-justification/https://jtnylaw.com/2010/05/45-day-rule-insufficiency-of-justification/Court rules on 45-day submission rule for MVAIC claims, highlighting strict requirements for written justification when medical providers miss deadlines.Sat, 15 May 2010 16:26:28 GMTTimely submissions of Billshttps://jtnylaw.com/2010/05/peer-hearsay-play-it-again-sam/https://jtnylaw.com/2010/05/peer-hearsay-play-it-again-sam/Analysis of peer doctor hearsay testimony in no-fault insurance cases, examining Civil Court's distinction from Appellate Term precedent in Beal-Medea v GEICO.Fri, 07 May 2010 21:25:09 GMTEvidenceHearsayhttps://jtnylaw.com/2010/05/ebt-in-aid-of-arbitration-no-dice/https://jtnylaw.com/2010/05/ebt-in-aid-of-arbitration-no-dice/NY court denies EBT in aid of arbitration, ruling disclosure must be "absolutely necessary" not merely convenient for no-fault insurance disputes.Fri, 07 May 2010 04:02:28 GMTArbitrationsArticle 75DiscoveryEBT Issueshttps://jtnylaw.com/2010/05/a-tongue-twister-from-the-fourth-department/https://jtnylaw.com/2010/05/a-tongue-twister-from-the-fourth-department/Fourth Department appellate court ruling on res judicata, law of the case doctrine, and prima facie requirements in no-fault insurance mailing disputes.Wed, 05 May 2010 00:21:53 GMTMailingPrima Facie caseProcedural Issueshttps://jtnylaw.com/2010/05/a-short-and-sweet-primer-on-how-to-save-a-case-that-has-been-brought-outside-the-applicable-statute-of-limitations/https://jtnylaw.com/2010/05/a-short-and-sweet-primer-on-how-to-save-a-case-that-has-been-brought-outside-the-applicable-statute-of-limitations/Learn strategic methods to save cases filed outside statute of limitations deadlines, including intervention, consolidation, and relation-back doctrine applications.Wed, 05 May 2010 00:01:13 GMTStatute of Limitationshttps://jtnylaw.com/2010/05/the-120-day-time-period-cplr-3212a-to-make-a-summary-judgment-motion-applies-even-if-an-action-is-marked-off-the-calendar/https://jtnylaw.com/2010/05/the-120-day-time-period-cplr-3212a-to-make-a-summary-judgment-motion-applies-even-if-an-action-is-marked-off-the-calendar/New York's 120-day summary judgment rule applies even when cases are struck from the calendar, preventing defendants from circumventing procedural deadlines.Tue, 04 May 2010 23:47:49 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/05/the-first-departments-newest-inconsistent-position-on-2309/https://jtnylaw.com/2010/05/the-first-departments-newest-inconsistent-position-on-2309/New York's First Department demonstrates inconsistent application of CPLR 2309 certificate requirements for foreign affidavits, creating unpredictable outcomes for practitioners.Sun, 02 May 2010 13:52:30 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2010/05/causation-renewal-and-a-probable-trip-to-the-court-of-appeals/https://jtnylaw.com/2010/05/causation-renewal-and-a-probable-trip-to-the-court-of-appeals/Henry v Peguero 2010 case analysis examining causation requirements in 5102(d) serious injury threshold claims, renewal motions, and potential Court of Appeals review.Sun, 02 May 2010 00:48:15 GMT5102(d) issuesProcedural IssuesRenew and reargueReplieshttps://jtnylaw.com/2010/05/broke-the-chain-of-causation/https://jtnylaw.com/2010/05/broke-the-chain-of-causation/New York appellate court ruling demonstrates how a patient's failure to follow medical instructions can break the chain of causation in malpractice cases.Sat, 01 May 2010 22:51:59 GMTCausationCoveragehttps://jtnylaw.com/2010/04/causation-defense-rebuffed-notice-the-subtleties-of-this-case/https://jtnylaw.com/2010/04/causation-defense-rebuffed-notice-the-subtleties-of-this-case/Court case highlights crucial distinction between reviewing MRI reports versus actual films when defending against causation claims in personal injury cases.Wed, 28 Apr 2010 23:17:56 GMT5102(d) issuesCausationCoveragehttps://jtnylaw.com/2010/04/dismissal-with-prejudice-is-a-viable-disposition-in-a-workers-compensation-primacy-case/https://jtnylaw.com/2010/04/dismissal-with-prejudice-is-a-viable-disposition-in-a-workers-compensation-primacy-case/Court rules dismissal with prejudice viable in workers compensation primacy cases when plaintiff fails to pursue Workers' Compensation Board determination within 90 days.Sun, 25 Apr 2010 22:02:35 GMTWorkers Compensationhttps://jtnylaw.com/2010/04/does-this-make-sense/https://jtnylaw.com/2010/04/does-this-make-sense/New York appellate court ruling reveals surprising disparity between complaint dismissal sanctions and preclusion orders under CPLR 3126, raising constitutional questions.Sun, 25 Apr 2010 21:55:43 GMTDiscoveryDiscovery sanctionsProcedural IssuesRes Judicatahttps://jtnylaw.com/2010/04/another-pan-medical-sighting-or-is-it-citing/https://jtnylaw.com/2010/04/another-pan-medical-sighting-or-is-it-citing/New York court reinforces Pan Chiropractic standard for medical necessity denials, requiring affirmed peer review reports with factual basis and medical rationale.Sun, 25 Apr 2010 21:48:28 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2010/04/partners-affirmation-demonstrated-the-no-show-component-of-an-euo-no-show-defense/https://jtnylaw.com/2010/04/partners-affirmation-demonstrated-the-no-show-component-of-an-euo-no-show-defense/Court ruling establishes that a law firm partner's affirmation can effectively prove a plaintiff's failure to appear at a scheduled examination under oath.Sun, 25 Apr 2010 21:43:00 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2010/04/peer-doctors-testimony-is-sufficient-to-prima-facie-demonstrate-a-services-lack-of-medical-necessity/https://jtnylaw.com/2010/04/peer-doctors-testimony-is-sufficient-to-prima-facie-demonstrate-a-services-lack-of-medical-necessity/Court finds peer doctor testimony with medical rationale sufficient to prove lack of medical necessity, reversing trial court in no-fault case.Sun, 25 Apr 2010 21:34:45 GMT4404(a) & weight of evidence reviewEvidenceExpertsMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2010/04/my-thoughts-on-the-dj-action-in-no-fault-jurisprudence/https://jtnylaw.com/2010/04/my-thoughts-on-the-dj-action-in-no-fault-jurisprudence/Analysis of AutoOne v Valentine case examining declaratory judgment actions in New York no-fault insurance law, res judicata effects, and SUM benefits claims.Sat, 24 Apr 2010 21:06:56 GMTDeclaratory Judgment Actionhttps://jtnylaw.com/2010/04/and-this-is-why-computerized-range-of-motion-testing-is-medically-necessary-yet-not-admissible/https://jtnylaw.com/2010/04/and-this-is-why-computerized-range-of-motion-testing-is-medically-necessary-yet-not-admissible/New York courts require computerized range of motion tests to be properly affirmed by someone with personal knowledge to be admissible evidence in serious injury cases.Sat, 24 Apr 2010 01:05:59 GMT2106 and 2309EvidenceHearsayProcedural Issueshttps://jtnylaw.com/2010/04/from-our-angry-court-of-the-week-department/https://jtnylaw.com/2010/04/from-our-angry-court-of-the-week-department/New York appellate court reverses summary judgment denial in credit card debt case, granting dismissal when evidence showed no contractual relationship existed between defendant and creditor.Wed, 21 Apr 2010 18:51:19 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/04/appellate-term-approves-of-the-court-giving-defendants-second-bite-at-the-apple/https://jtnylaw.com/2010/04/appellate-term-approves-of-the-court-giving-defendants-second-bite-at-the-apple/New York Appellate Term allows defendant a second chance to cure defective summary judgment papers with supplemental physician affidavit in no-fault insurance case.Wed, 21 Apr 2010 18:38:07 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/04/it-is-back-a-framed-issue-hearing-for-faxed-copied-stamped-or-electronically-signed-documents/https://jtnylaw.com/2010/04/it-is-back-a-framed-issue-hearing-for-faxed-copied-stamped-or-electronically-signed-documents/NY appellate court orders framed issue hearing to resolve document signature validity dispute, highlighting ongoing judicial inconsistency in electronic signature cases.Wed, 21 Apr 2010 18:34:30 GMTHypo-technical defectsProcedural Issueshttps://jtnylaw.com/2010/04/the-civil-court-in-case-you-did-not-know-has-limited-declaratory-judgment-powers/https://jtnylaw.com/2010/04/the-civil-court-in-case-you-did-not-know-has-limited-declaratory-judgment-powers/New York Civil Court has limited declaratory judgment powers for insurance disputes, with jurisdiction restricted to cases where the underlying amount doesn't exceed $25,000.Wed, 21 Apr 2010 18:25:29 GMTCoverageDeclaratory Judgmentshttps://jtnylaw.com/2010/04/collateral-estoppel-in-the-declaratory-judgment-action-does-not-necessarily-apply-to-the-underlying-no-fault-action/https://jtnylaw.com/2010/04/collateral-estoppel-in-the-declaratory-judgment-action-does-not-necessarily-apply-to-the-underlying-no-fault-action/Court rules collateral estoppel from declaratory judgment doesn't bar no-fault claims when plaintiff wasn't named, served, or in privity with defendant.Wed, 21 Apr 2010 18:22:25 GMTCoverageDeclaratory JudgmentsStaged losshttps://jtnylaw.com/2010/04/uncertified-police-report-is-inadmissible/https://jtnylaw.com/2010/04/uncertified-police-report-is-inadmissible/New York courts remain inconsistent on admissibility of uncertified police reports, with some accepting them under CPLR 4518(a) while others reject them as inadmissible hearsay.Wed, 21 Apr 2010 17:24:55 GMTBusiness recordsEvidenceHearsayhttps://jtnylaw.com/2010/04/oh-yeah-in-the-alternative-i-would-have-dismissed-the-complaint-on-another-ground/https://jtnylaw.com/2010/04/oh-yeah-in-the-alternative-i-would-have-dismissed-the-complaint-on-another-ground/Federal court dismissal on alternative grounds doesn't bar subsequent state discrimination claims under res judicata doctrine - NY appellate decision analysis.Wed, 21 Apr 2010 17:15:43 GMTProcedural IssuesRes Judicatahttps://jtnylaw.com/2010/04/a-family-court-non-payment-of-child-support-petition-spurs-an-interesting-4518a-case/https://jtnylaw.com/2010/04/a-family-court-non-payment-of-child-support-petition-spurs-an-interesting-4518a-case/Family court case examining CPLR 4518(a) business records rule for medical documents - distinguishing admissible physician office records from inadmissible expert opinions.Wed, 21 Apr 2010 17:06:10 GMTBusiness recordsEvidenceExpertsHearsayhttps://jtnylaw.com/2010/04/miss-an-ebt-deadline-have-your-answer-stricken-and-go-directly-to-inquest/https://jtnylaw.com/2010/04/miss-an-ebt-deadline-have-your-answer-stricken-and-go-directly-to-inquest/Court strikes defendant's answer for missing EBT deadline, demonstrating how willful discovery violations can lead to severe sanctions under CPLR 3126.Wed, 21 Apr 2010 16:51:35 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2010/04/expert-evidence-necessary-to-address-malpractice-claim/https://jtnylaw.com/2010/04/expert-evidence-necessary-to-address-malpractice-claim/Medical malpractice claims require expert evidence to establish departure from standard of care and causation. McKenzie v Abrahams case highlights need for comprehensive expert testimony.Wed, 21 Apr 2010 16:46:28 GMTEvidenceExpertshttps://jtnylaw.com/2010/04/a-letter-of-medical-necessity-raises-a-triable-issue-of-fact/https://jtnylaw.com/2010/04/a-letter-of-medical-necessity-raises-a-triable-issue-of-fact/Court ruling examining whether a letter of medical necessity creates triable fact issues in no-fault insurance disputes, questioning summary judgment standards.Tue, 13 Apr 2010 04:39:56 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2010/04/another-case-where-the-appellate-term-seems-to-hold-that-a-triable-issue-of-fact-is-raised-regarding-the-compensability-of-range-of-motion-testing/https://jtnylaw.com/2010/04/another-case-where-the-appellate-term-seems-to-hold-that-a-triable-issue-of-fact-is-raised-regarding-the-compensability-of-range-of-motion-testing/Appellate Term ruling creates triable issue of fact regarding separate reimbursement for range of motion testing versus inclusion in office visit services.Tue, 13 Apr 2010 04:27:31 GMTFee Schedulehttps://jtnylaw.com/2010/04/3212a-not-applicable-in-the-lower-courts-not-again/https://jtnylaw.com/2010/04/3212a-not-applicable-in-the-lower-courts-not-again/CPLR 3212(a) 120-day rule applies to lower courts despite conflicting District Court ruling. Analysis of procedural requirements for summary judgment motions.Mon, 12 Apr 2010 03:58:37 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/04/the-failure-to-stay-a-compulsory-arbitration-on-jurisdictional-grounds-precludes-appellate-review-of-the-improperly-arbitrated-jurisdictional-issue/https://jtnylaw.com/2010/04/the-failure-to-stay-a-compulsory-arbitration-on-jurisdictional-grounds-precludes-appellate-review-of-the-improperly-arbitrated-jurisdictional-issue/Court ruling on waiver of jurisdictional challenges in compulsory arbitration when parties fail to seek timely stay within 20-day period under NY Insurance Law.Mon, 12 Apr 2010 03:36:52 GMTArbitrationsArticle 75https://jtnylaw.com/2010/04/a-conclusory-statement-is-insufficient-to-raise-an-issue-of-fact-that-a-signature-was-faxed-or-electronic/https://jtnylaw.com/2010/04/a-conclusory-statement-is-insufficient-to-raise-an-issue-of-fact-that-a-signature-was-faxed-or-electronic/Court rules conclusory statements insufficient to challenge faxed or electronic signatures in no-fault insurance cases without proper evidence of forgery.Mon, 12 Apr 2010 03:26:15 GMTHypo-technical defectsProcedural Issueshttps://jtnylaw.com/2010/04/a-poorly-drafted-affidavit-of-merit-fails-to-defeat-my-summary-judgment-motion/https://jtnylaw.com/2010/04/a-poorly-drafted-affidavit-of-merit-fails-to-defeat-my-summary-judgment-motion/Jason Tenenbaum successfully defeats plaintiff's medical necessity opposition with verbose but inadequate affidavit in Prime Psychological Services case.Mon, 12 Apr 2010 03:09:50 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2010/04/court-of-appeals-tells-the-appellate-division-to-adjudicate-5102d-motions-as-either-all-or-nothing/https://jtnylaw.com/2010/04/court-of-appeals-tells-the-appellate-division-to-adjudicate-5102d-motions-as-either-all-or-nothing/Court of Appeals rules 5102(d) threshold motions must be decided "all or nothing" - once plaintiff proves any serious injury category, entire motion fails.Wed, 07 Apr 2010 03:09:38 GMT5102(d) issueshttps://jtnylaw.com/2010/04/unintentional-spoliation-leads-to-adverse-inference-charge/https://jtnylaw.com/2010/04/unintentional-spoliation-leads-to-adverse-inference-charge/New York court rules that unintentional destruction of evidence warrants adverse inference jury instruction when opposing party wasn't notified beforehand.Wed, 07 Apr 2010 02:17:33 GMTDiscoverySpoliationhttps://jtnylaw.com/2010/04/to-accept-or-not-to-accept-expert-testimony/https://jtnylaw.com/2010/04/to-accept-or-not-to-accept-expert-testimony/Second Department ruling on when juries can reject expert testimony in NY personal injury cases. Long Island attorneys analyze standards for disregarding medical opinions.Sat, 03 Apr 2010 22:08:48 GMTEvidenceExpertshttps://jtnylaw.com/2010/04/the-appellate-division-has-held-that-documentary-evidence-under-cplr-3211a1-is-quite-limited/https://jtnylaw.com/2010/04/the-appellate-division-has-held-that-documentary-evidence-under-cplr-3211a1-is-quite-limited/NY Appellate Division defines limited scope of "documentary evidence" under CPLR 3211(a)(1), excluding affidavits, emails, depositions, and medical records.Sat, 03 Apr 2010 15:26:47 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/04/summary-judgment-denied-based-upon-the-failure-to-plead-the-emergency-doctrine-as-an-affirmative-defense/https://jtnylaw.com/2010/04/summary-judgment-denied-based-upon-the-failure-to-plead-the-emergency-doctrine-as-an-affirmative-defense/Court denies summary judgment when defendant failed to plead emergency doctrine as affirmative defense, highlighting importance of proper pleading requirements.Sat, 03 Apr 2010 15:08:46 GMTAmendmentsPleadingshttps://jtnylaw.com/2010/04/proof-of-actually-mailing-an-item-certified-mail-rrr-is-sufficient-to-prima-facie-demonstrate-proper-mailing-of-an-item/https://jtnylaw.com/2010/04/proof-of-actually-mailing-an-item-certified-mail-rrr-is-sufficient-to-prima-facie-demonstrate-proper-mailing-of-an-item/Court ruling establishes that testimony of actual certified mail sending creates presumption of proper mailing, even without matching return receipt cards.Sat, 03 Apr 2010 04:41:37 GMTMailinghttps://jtnylaw.com/2010/04/shady-grove-allstate-federal-court-ny-nofault-class-actions/https://jtnylaw.com/2010/04/shady-grove-allstate-federal-court-ny-nofault-class-actions/How Shady Grove v. Allstate opened federal courts to NY no-fault class actions. Expert analysis of Erie doctrine impact and forum shopping strategies. Call 516-750-0595.Fri, 02 Apr 2010 16:34:32 GMTProcedural IssuesStatutory interesthttps://jtnylaw.com/2010/03/liberty-mutual-10000-mistake-poor-legal-preparation-insurance/https://jtnylaw.com/2010/03/liberty-mutual-10000-mistake-poor-legal-preparation-insurance/How Liberty Mutual lost over $10,000 due to poor legal preparation in Nassau County court. Expert analysis of no-fault insurance defense mistakes. Call 516-750-0595.Wed, 31 Mar 2010 04:42:02 GMTNo-Faulthttps://jtnylaw.com/2010/03/those-framed-issue-hearings-were-promised-on-stamped-signature-cases-were-quite-short-lived/https://jtnylaw.com/2010/03/those-framed-issue-hearings-were-promised-on-stamped-signature-cases-were-quite-short-lived/Court withdraws opinion on framed issue hearings for stamped signature disputes in NY no-fault insurance cases, leaving providers with limited recourse options.Fri, 26 Mar 2010 21:48:18 GMTHypo-technical defectsProcedural Issueshttps://jtnylaw.com/2010/03/poorly-drafted-medical-affidavits-insurance-medical-necessity-motions/https://jtnylaw.com/2010/03/poorly-drafted-medical-affidavits-insurance-medical-necessity-motions/Expert defense against medical necessity summary judgment motions in NY. Protect your healthcare practice from insurance carrier challenges. Call (516) 750-0595.Fri, 26 Mar 2010 21:37:38 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2010/03/mallela-based-discovery-new-york-no-fault-insurance/https://jtnylaw.com/2010/03/mallela-based-discovery-new-york-no-fault-insurance/Expert guidance on Mallela-based discovery in New York no-fault insurance cases. Protecting Long Island & NYC healthcare providers. Call (516) 750-0595.Fri, 26 Mar 2010 21:31:05 GMTMallela issueshttps://jtnylaw.com/2010/03/procedural-fairness-no-fault-insurance-litigation-long-island-nyc/https://jtnylaw.com/2010/03/procedural-fairness-no-fault-insurance-litigation-long-island-nyc/Expert analysis of procedural fairness issues in no-fault insurance litigation. Call (516) 750-0595 for experienced legal representation in Long Island and NYC.Fri, 26 Mar 2010 21:22:16 GMTAdditional Verificationhttps://jtnylaw.com/2010/03/fee-schedule-defense-no-fault-insurance-long-island-nyc/https://jtnylaw.com/2010/03/fee-schedule-defense-no-fault-insurance-long-island-nyc/Expert legal analysis of fee schedule defense requirements in no-fault insurance cases. Call (516) 750-0595 for experienced representation in Long Island and NYC.Fri, 26 Mar 2010 21:12:37 GMTFee ScheduleJudgmentsProcedural Issueshttps://jtnylaw.com/2010/03/ssep-testing-medical-malpractice-long-island-nyc/https://jtnylaw.com/2010/03/ssep-testing-medical-malpractice-long-island-nyc/Expert legal analysis of SSEP testing in medical malpractice cases on Long Island and New York City. Learn when failure to monitor constitutes medical malpractice.Fri, 26 Mar 2010 20:44:46 GMTMedical Necessityhttps://jtnylaw.com/2010/03/an-appeal-from-a-judgment-after-a-trial-brings-up-for-review-a-summary-judgment-motion-that-was-not-previously-appealed/https://jtnylaw.com/2010/03/an-appeal-from-a-judgment-after-a-trial-brings-up-for-review-a-summary-judgment-motion-that-was-not-previously-appealed/Understanding CPLR 5501(a)(1): How to challenge adverse summary judgment rulings on appeal from final judgment. Expert analysis of Bandler v Liberty case.Wed, 24 Mar 2010 05:51:15 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/03/and-this-will-land-you-in-court/https://jtnylaw.com/2010/03/and-this-will-land-you-in-court/Understanding NY dog bite law: How territorial behavior and protective instincts can establish liability. Expert analysis of Grillo v Williamsh case.Wed, 24 Mar 2010 05:32:35 GMTNo-Faulthttps://jtnylaw.com/2010/03/a-less-than-credible-plaintiff-sinks-his-own-case/https://jtnylaw.com/2010/03/a-less-than-credible-plaintiff-sinks-his-own-case/Learn how credibility issues can destroy personal injury cases in NY. Analysis of Bennice v Randall shows why honesty with your attorney is crucial for success.Wed, 24 Mar 2010 05:25:01 GMTDirected VerdictsProcedural Issueshttps://jtnylaw.com/2010/03/medical-malpractice-expert-witness-qualifications-long-island-nyc/https://jtnylaw.com/2010/03/medical-malpractice-expert-witness-qualifications-long-island-nyc/Complete guide to medical malpractice expert witness standards in NY. Diel v Bryan case analysis shows cross-specialty options. Call (516) 750-0595.Wed, 24 Mar 2010 05:11:25 GMTEvidenceExpertshttps://jtnylaw.com/2010/03/expert-witness-motion-practice-long-island-nyc-personal-injury/https://jtnylaw.com/2010/03/expert-witness-motion-practice-long-island-nyc-personal-injury/Strategic analysis of expert witness deadlines in NY personal injury cases. Mallards Dairy case study shows court flexibility. Call (516) 750-0595.Wed, 24 Mar 2010 04:47:53 GMTProcedural Issueshttps://jtnylaw.com/2010/03/medical-records-discovery-personal-injury-long-island-nyc/https://jtnylaw.com/2010/03/medical-records-discovery-personal-injury-long-island-nyc/Expert analysis of medical records discovery rights in NY personal injury cases. L.T. v Teva Pharms case study. Call (516) 750-0595 for consultation.Wed, 24 Mar 2010 04:24:27 GMTDiscoveryEvidenceExpert journals and treatisesHIPPA issueshttps://jtnylaw.com/2010/03/what-is-the-starkest-difference-between-no-fault-and-domestic-relations-law/https://jtnylaw.com/2010/03/what-is-the-starkest-difference-between-no-fault-and-domestic-relations-law/Learn how NY courts use equitable powers to combat elder abuse in domestic relations cases. Expert analysis of Campbell v Thomas and protection strategies. Call 516-750-0595.Sat, 20 Mar 2010 14:45:16 GMTFraudhttps://jtnylaw.com/2010/03/occupation-of-a-vehicle-implicated-through-rearranging-items-inside-vehicle-while-standing-outside-of-it/https://jtnylaw.com/2010/03/occupation-of-a-vehicle-implicated-through-rearranging-items-inside-vehicle-while-standing-outside-of-it/Expert analysis of NY vehicle occupation law. Learn how Rosado v Hartford expanded coverage for delivery workers and commercial vehicle operators. Call 516-750-0595.Fri, 19 Mar 2010 00:52:40 GMTUse and Operationhttps://jtnylaw.com/2010/03/default-vacated-on-cplr-317-grounds/https://jtnylaw.com/2010/03/default-vacated-on-cplr-317-grounds/Expert analysis of successful CPLR 317 motion to vacate default judgment in New York. Learn how proper legal strategy defeated challenging default in Second Department.Fri, 19 Mar 2010 00:42:23 GMTCancellation of policyClaims office failureDefaultshttps://jtnylaw.com/2010/03/provider-tight-leash-untimely-bill-submission-guide-long-island-nyc-healthcare-providers/https://jtnylaw.com/2010/03/provider-tight-leash-untimely-bill-submission-guide-long-island-nyc-healthcare-providers/Navigate strict 30-day and 45-day billing deadlines for Long Island and NYC providers. Expert legal guidance on untimely submissions. Call 516-750-0595.Fri, 19 Mar 2010 00:35:44 GMTTimely submissions of Billshttps://jtnylaw.com/2010/03/euo-scheduling-letters-timing-requirements-comprehensive-guide-long-island-nyc-providers/https://jtnylaw.com/2010/03/euo-scheduling-letters-timing-requirements-comprehensive-guide-long-island-nyc-providers/Master EUO scheduling timing requirements for Long Island and NYC providers. Avoid costly billing delays with expert legal guidance. Call 516-750-0595 for compliance support.Fri, 19 Mar 2010 00:26:19 GMTEUO issuesTimeliness of requestshttps://jtnylaw.com/2010/03/inconsistent-opinions-regarding-range-of-motion-fee-schedule-denials-guide-long-island-nyc-healthcare-providers/https://jtnylaw.com/2010/03/inconsistent-opinions-regarding-range-of-motion-fee-schedule-denials-guide-long-island-nyc-healthcare-providers/Expert legal guidance on ROM and MM testing billing disputes for Long Island and NYC healthcare providers. Navigate inconsistent court decisions and maximize reimbursements. Call 516-750-0595.Fri, 19 Mar 2010 00:05:31 GMTFee Schedulehttps://jtnylaw.com/2010/03/consolidation-joint-trials-ny-personal-injury-litigation/https://jtnylaw.com/2010/03/consolidation-joint-trials-ny-personal-injury-litigation/Understanding consolidation and joint trials in New York personal injury litigation. Expert legal analysis on CPLR 602(a) from experienced Long Island attorney.Fri, 19 Mar 2010 00:02:22 GMTConsolidationhttps://jtnylaw.com/2010/03/effective-peer-review-rebuttals-ny-no-fault-insurance/https://jtnylaw.com/2010/03/effective-peer-review-rebuttals-ny-no-fault-insurance/Learn how to craft effective peer review rebuttals in New York no-fault insurance cases. Expert legal analysis from experienced Long Island personal injury attorney.Thu, 18 Mar 2010 23:47:31 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2010/03/ny-civil-court-evidence-rules-cplr-peer-review/https://jtnylaw.com/2010/03/ny-civil-court-evidence-rules-cplr-peer-review/Learn about NY civil court evidence rules including CPLR 3101(d) demands and peer review report foundations. Expert legal analysis from Long Island personal injury attorney.Thu, 18 Mar 2010 01:52:24 GMTBusiness recordsEvidenceExpertsHearsayhttps://jtnylaw.com/2010/03/convergence-medical-malpractice-no-fault-litigation-cross-practice-principles/https://jtnylaw.com/2010/03/convergence-medical-malpractice-no-fault-litigation-cross-practice-principles/Explore how medical malpractice and no-fault litigation intersect in New York courts. Essential insights for Long Island and NYC attorneys handling complex medical-legal cases.Wed, 17 Mar 2010 02:33:16 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2010/03/collateral-estoppel-limitations-new-york-personal-injury-no-fault-cases/https://jtnylaw.com/2010/03/collateral-estoppel-limitations-new-york-personal-injury-no-fault-cases/Understand when collateral estoppel applies in New York personal injury and no-fault cases. Essential legal guidance for Long Island and NYC attorneys dealing with expert witness credibility challenges.Sat, 13 Mar 2010 22:04:56 GMTNo-Faulthttps://jtnylaw.com/2010/03/expert-qualification-standards-new-york-no-fault-cases/https://jtnylaw.com/2010/03/expert-qualification-standards-new-york-no-fault-cases/Learn how New York courts determine expert qualifications in no-fault insurance cases. Essential guide for Long Island and NYC attorneys handling medical expert testimony challenges.Fri, 12 Mar 2010 19:20:47 GMTEvidenceExpertsMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2010/03/conclusory-affidavits-fail-summary-judgment-medical-necessity/https://jtnylaw.com/2010/03/conclusory-affidavits-fail-summary-judgment-medical-necessity/Learn why conclusory affidavits fail in medical necessity summary judgment motions. Long Island & NYC legal defense strategies. Call 516-750-0595.Fri, 12 Mar 2010 18:24:37 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2010/03/cplr-2106-trap-medical-practice-owners-procedural-error/https://jtnylaw.com/2010/03/cplr-2106-trap-medical-practice-owners-procedural-error/Avoid the CPLR 2106 trap that destroys medical practice no-fault claims. Long Island & NYC legal defense against procedural errors. Call 516-750-0595.Fri, 12 Mar 2010 18:05:59 GMT2106 and 2309Medical NecessityProcedural IssuesSufficiency of medical evidencehttps://jtnylaw.com/2010/03/new-york-one-year-rule-no-fault-insurance-claims/https://jtnylaw.com/2010/03/new-york-one-year-rule-no-fault-insurance-claims/Expert analysis of New York's one year rule in no-fault insurance claims. Nassau County & NYC personal injury lawyer explains ascertainability requirements. Call 516-750-0595.Thu, 11 Mar 2010 04:27:29 GMTCausationhttps://jtnylaw.com/2010/03/default-judgment-pitfalls-non-hearsay-evidence-declaratory-judgment-actions/https://jtnylaw.com/2010/03/default-judgment-pitfalls-non-hearsay-evidence-declaratory-judgment-actions/Learn why default judgments in NY declaratory judgment actions require non-hearsay evidence. Expert analysis of CPLR 3215 requirements from experienced attorneys.Sun, 07 Mar 2010 21:48:48 GMTCoverageDefaultsIntentional losshttps://jtnylaw.com/2010/03/debt-assignment-disasters-sewer-service-court-disrespect-legal-catastrophe/https://jtnylaw.com/2010/03/debt-assignment-disasters-sewer-service-court-disrespect-legal-catastrophe/Learn how debt assignment problems, sewer service, and court disrespect destroy collection cases. Nassau County legal defense from experienced attorneys.Fri, 05 Mar 2010 22:22:57 GMTNo-Faulthttps://jtnylaw.com/2010/03/knee-surgery-acl-meniscus-tears-serious-injury-threshold-new-york/https://jtnylaw.com/2010/03/knee-surgery-acl-meniscus-tears-serious-injury-threshold-new-york/Learn why knee surgery for ACL and meniscus tears may not automatically meet NY serious injury threshold. Expert legal analysis from Long Island personal injury lawyers.Fri, 05 Mar 2010 22:17:05 GMT5102(d) issuesMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2010/03/evidence-that-claimant-was-affiliated-with-car-service-dispatch-base-divests-court-of-subject-matter-jurisdiction/https://jtnylaw.com/2010/03/evidence-that-claimant-was-affiliated-with-car-service-dispatch-base-divests-court-of-subject-matter-jurisdiction/Court lacks jurisdiction when claimant affiliated with car service dispatch base raises workers compensation issues. Long Island no-fault defense analysis.Fri, 05 Mar 2010 22:10:09 GMTWorkers Compensationhttps://jtnylaw.com/2010/03/expert-medical-testimony-unsworn-mri-reports-new-york/https://jtnylaw.com/2010/03/expert-medical-testimony-unsworn-mri-reports-new-york/Learn when New York courts allow expert medical testimony based on unsworn MRI reports. Expert analysis of Caulkins v Vicinanzo and Pommells v Perez cases. Call (516) 750-0595.Thu, 04 Mar 2010 23:27:27 GMTEvidenceHearsayhttps://jtnylaw.com/2010/03/motion-amend-answer-standing-defense-new-york-litigation/https://jtnylaw.com/2010/03/motion-amend-answer-standing-defense-new-york-litigation/Learn when New York courts allow motions to amend pleadings to assert standing and capacity defenses. Expert analysis of Aurora Loan Services v Thomas case. Call (516) 750-0595.Mon, 01 Mar 2010 21:58:05 GMTAssignment of BenefitsStandinghttps://jtnylaw.com/2010/03/intervenor-major-medical-insurance-carrier-tried-to-recoup-settlement-proceeds-between-the-injured-person-and-the-tortofeasor-but-to-no-avail/https://jtnylaw.com/2010/03/intervenor-major-medical-insurance-carrier-tried-to-recoup-settlement-proceeds-between-the-injured-person-and-the-tortofeasor-but-to-no-avail/Intervenor health insurance carrier fails to recoup settlement proceeds due to inadequate proof of business records and prima facie case requirements in NY court.Mon, 01 Mar 2010 21:49:54 GMTBusiness recordsEvidencePrima Facie casehttps://jtnylaw.com/2010/02/an-ime-doctor-must-offer-an-explanation-why-he-believes-a-claimants-diminished-range-of-motion-is-self-restricted/https://jtnylaw.com/2010/02/an-ime-doctor-must-offer-an-explanation-why-he-believes-a-claimants-diminished-range-of-motion-is-self-restricted/Learn how Kim v O'Rourke established standards requiring IME physicians to provide objective evidence when claiming range of motion limitations are self-restricted.Fri, 26 Feb 2010 15:53:49 GMT5102(d) issuesMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2010/02/an-interesting-5102d-case-involving-a-knee-surgery/https://jtnylaw.com/2010/02/an-interesting-5102d-case-involving-a-knee-surgery/Expert analysis of Gilmonio v Toussaint 5102(d) case involving knee surgery. Learn how incomplete medical history can defeat serious injury threshold claims in NY.Fri, 26 Feb 2010 05:26:33 GMT5102(d) issuesEvidenceExpertsSufficiency of medical oppositionhttps://jtnylaw.com/2010/02/signature-authenticity-stamped-holographic-peer-review-reply-procedure-eden-medical/https://jtnylaw.com/2010/02/signature-authenticity-stamped-holographic-peer-review-reply-procedure-eden-medical/Analysis of signature authenticity requirements and reply procedures in NY insurance litigation. Essential guidance on challenging stamped vs holographic signatures.Fri, 26 Feb 2010 05:11:56 GMTHypo-technical defectsProcedural IssuesRepliesSummary Judgment Issueshttps://jtnylaw.com/2010/02/appellate-term-cplr-3212f-relief-inappropriate-circumstances-discovery-limitations/https://jtnylaw.com/2010/02/appellate-term-cplr-3212f-relief-inappropriate-circumstances-discovery-limitations/Analysis of Appellate Term decision limiting CPLR 3212(f) relief in three circumstances. Essential guidance for NY civil practice and discovery strategy.Fri, 26 Feb 2010 04:53:43 GMTDiscoveryDiscovery sanctionsEBT IssuesMallela issuesPreservation of defenses on NF-10https://jtnylaw.com/2010/02/mallela-case-appellate-term-second-department-physician-billing-acupuncture-services/https://jtnylaw.com/2010/02/mallela-case-appellate-term-second-department-physician-billing-acupuncture-services/Expert analysis of the Appellate Term ruling on physician billing for acupuncture services in New York. Learn compliance requirements for medical practices.Fri, 26 Feb 2010 04:19:31 GMTMallela issueshttps://jtnylaw.com/2010/02/first-department-decisions-impact-no-fault-practice-nyc/https://jtnylaw.com/2010/02/first-department-decisions-impact-no-fault-practice-nyc/First Department decisions impact no-fault insurance practice, criminal law, and negligence cases for NY attorneys. Analysis of Garcia v Leon hearsay ruling.Thu, 25 Feb 2010 02:43:27 GMT5102(d) issuesEvidenceHearsayProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/02/expert-competency-medical-literature-new-york-cases/https://jtnylaw.com/2010/02/expert-competency-medical-literature-new-york-cases/New York court guidance on expert competency and medical literature use in medical malpractice and no-fault cases. Essential reading for Long Island attorneys.Sun, 21 Feb 2010 06:44:35 GMTEvidenceExpert journals and treatisesExpertshttps://jtnylaw.com/2010/02/medical-necessity-defense-failures-new-york-no-fault-insurance/https://jtnylaw.com/2010/02/medical-necessity-defense-failures-new-york-no-fault-insurance/Learn how medical necessity defenses fail in NY no-fault cases. Expert analysis of Progressive Med v Allstate reveals key evidentiary pitfalls & hearsay issues.Thu, 18 Feb 2010 05:06:35 GMTEvidenceExpertsHearsayMedical Necessityhttps://jtnylaw.com/2010/02/no-fault-insurance-defaults-interest-new-york/https://jtnylaw.com/2010/02/no-fault-insurance-defaults-interest-new-york/Understanding no-fault insurance defaults and interest rules in New York. Expert Long Island attorneys explain the SZ Med v Lumbermens decision and 65-3.9(d). Call 516-750-0595.Thu, 18 Feb 2010 04:37:45 GMTDamagesinteresthttps://jtnylaw.com/2010/02/vehicle-use-operation-new-york-insurance-claims/https://jtnylaw.com/2010/02/vehicle-use-operation-new-york-insurance-claims/Understanding vehicle use and operation in New York auto insurance claims. Expert Long Island lawyers explain the Gallaher v Republic Franklin decision. Call 516-750-0595.Wed, 17 Feb 2010 04:56:44 GMTCoverageUse and Operationhttps://jtnylaw.com/2010/02/understanding-summary-jury-trials-stipulations-new-york/https://jtnylaw.com/2010/02/understanding-summary-jury-trials-stipulations-new-york/Learn about summary jury trials and legal stipulations in NY personal injury cases. Experienced Long Island attorneys explain the Grochowski v Fudella decision. Call 516-750-0595.Wed, 17 Feb 2010 04:31:59 GMTProcedural IssuesStipulationshttps://jtnylaw.com/2010/02/the-fifth-discovery-default-will-cause-your-answer-to-be-stricken/https://jtnylaw.com/2010/02/the-fifth-discovery-default-will-cause-your-answer-to-be-stricken/New York court strikes defendant's answer after fifth discovery default - willful failure to comply with successive disclosure orders under CPLR 3126Wed, 17 Feb 2010 04:19:24 GMTDiscoveryDiscovery sanctionshttps://jtnylaw.com/2010/02/civil-procedure-improper-note-of-issue-filing-costs-sanctions-new-york-ikeda-tedesco/https://jtnylaw.com/2010/02/civil-procedure-improper-note-of-issue-filing-costs-sanctions-new-york-ikeda-tedesco/Costly consequences of improper Note of Issue filing in NY civil procedure. Expert analysis of Ikeda v Tedesco sanctions. Call (516) 750-0595.Wed, 17 Feb 2010 04:12:37 GMTDiscoveryDiscovery sanctionshttps://jtnylaw.com/2010/02/no-fault-insurance-causation-economic-loss-recovery-new-york-hartman-jweid-overbaugh/https://jtnylaw.com/2010/02/no-fault-insurance-causation-economic-loss-recovery-new-york-hartman-jweid-overbaugh/Expert analysis of no-fault insurance causation requirements and economic loss recovery in New York. Serving Long Island and NYC. Call (516) 750-0595.Wed, 17 Feb 2010 04:01:27 GMT5102(d) issueshttps://jtnylaw.com/2010/02/note-to-attorney-resist-the-urge-to-object-if-your-client-is-being-deposed-as-a-non-party-at-a-deposition/https://jtnylaw.com/2010/02/note-to-attorney-resist-the-urge-to-object-if-your-client-is-being-deposed-as-a-non-party-at-a-deposition/Learn why attorneys cannot object during non-party depositions in NY personal injury cases. Court ruling explains CPLR 3113(c) applies equally to trial and deposition testimony.Wed, 17 Feb 2010 03:50:15 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2010/02/a-garage-policy-which-insures-a-temporary-substitute-is-not-on-the-hook-for-liability-coverage-and-possibly-pip/https://jtnylaw.com/2010/02/a-garage-policy-which-insures-a-temporary-substitute-is-not-on-the-hook-for-liability-coverage-and-possibly-pip/Fourth Department ruling on garage policy coverage gaps when temporary substitute vehicles create liability and PIP coverage disputes in NY insurance law.Wed, 17 Feb 2010 03:21:36 GMTPriority of Paymenthttps://jtnylaw.com/2010/02/issues-involving-the-granting-of-leave-to-renew-when-an-improper-affirmation-instead-of-an-affidavit-is-presented/https://jtnylaw.com/2010/02/issues-involving-the-granting-of-leave-to-renew-when-an-improper-affirmation-instead-of-an-affidavit-is-presented/Explore NY appellate decisions on granting leave to renew when improper affirmations instead of affidavits are used in legal motions and procedural requirements.Thu, 11 Feb 2010 03:26:05 GMTProcedural IssuesRenew and rearguehttps://jtnylaw.com/2010/02/physical-therapist-expert-testimony-limitations-new-york/https://jtnylaw.com/2010/02/physical-therapist-expert-testimony-limitations-new-york/New York courts limit physical therapist testimony in personal injury cases — they cannot diagnose, make prognoses, or determine permanency. Long Island & NYC analysis.Sun, 07 Feb 2010 02:58:08 GMTEvidenceExpertshttps://jtnylaw.com/2010/02/insurance-defamation-qualified-privilege-new-york/https://jtnylaw.com/2010/02/insurance-defamation-qualified-privilege-new-york/Understanding qualified privilege protection for insurance carriers in defamation claims. Expert analysis of Hame v Lawson for Long Island & NYC legal professionals. Call 516-750-0595.Sun, 07 Feb 2010 02:46:28 GMTDefamationhttps://jtnylaw.com/2010/02/medical-billing-unbundling-expert-affidavit-defense/https://jtnylaw.com/2010/02/medical-billing-unbundling-expert-affidavit-defense/Learn why expert affidavits are crucial for defending medical billing unbundling claims in NY no-fault insurance. Essential insights for Long Island & NYC legal professionals. Call 516-750-0595.Sun, 07 Feb 2010 02:22:27 GMTAdditional VerificationFee Schedulehttps://jtnylaw.com/2010/02/understanding-no-fault-insurance-deductibles-landmark-200-deductible-ruling/https://jtnylaw.com/2010/02/understanding-no-fault-insurance-deductibles-landmark-200-deductible-ruling/Landmark Progressive case established precedent for $200 deductible enforcement in NY no-fault insurance. Expert legal analysis. Call (516) 750-0595.Sun, 07 Feb 2010 02:07:34 GMTDeductible issueshttps://jtnylaw.com/2010/02/medical-necessity-determinations-landmark-ruling-no-fault-insurance-litigation/https://jtnylaw.com/2010/02/medical-necessity-determinations-landmark-ruling-no-fault-insurance-litigation/Landmark Progressive case changed medical necessity burden of proof in NY no-fault insurance. Expert analysis for healthcare providers. Call (516) 750-0595.Sun, 07 Feb 2010 01:51:33 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2010/02/understanding-cplr-3212g-when-summary-judgment-relief-becomes-improper/https://jtnylaw.com/2010/02/understanding-cplr-3212g-when-summary-judgment-relief-becomes-improper/Expert analysis of CPLR 3212(g) and when seeking relief under this provision becomes procedurally improper in New York courts. Call (516) 750-0595 for consultation.Sun, 07 Feb 2010 01:41:34 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/02/the-appellate-division-grants-summary-judgment-since-the-loss-was-not-an-insured-event/https://jtnylaw.com/2010/02/the-appellate-division-grants-summary-judgment-since-the-loss-was-not-an-insured-event/Understanding "not an insured event" defenses in no-fault insurance cases. Long Island and NYC personal injury attorney explains coverage challenges and solutions.Sun, 07 Feb 2010 01:16:13 GMTCoverageHypo-technical defectsNo lossProcedural Issueshttps://jtnylaw.com/2010/02/a-derivative-of-cplr-3404-appears-again-in-the-civil-court/https://jtnylaw.com/2010/02/a-derivative-of-cplr-3404-appears-again-in-the-civil-court/Understanding CPLR 3404 differences between NY judicial departments. Long Island and NYC personal injury attorney explains procedural variations and case impact.Thu, 04 Feb 2010 04:33:29 GMTNo-Faulthttps://jtnylaw.com/2010/02/a-civil-court-upholds-domotor-but-applies-it-in-a-strange-fashion/https://jtnylaw.com/2010/02/a-civil-court-upholds-domotor-but-applies-it-in-a-strange-fashion/Understanding how NY courts apply the Domotor case in no-fault insurance disputes. Long Island and NYC personal injury attorney explains the legal implications.Tue, 02 Feb 2010 05:06:29 GMTPrima Facie casehttps://jtnylaw.com/2010/02/emergency-doctrine-a-normally-stoic-appellate-division-appears-to-be-letteing-loose-a-bit/https://jtnylaw.com/2010/02/emergency-doctrine-a-normally-stoic-appellate-division-appears-to-be-letteing-loose-a-bit/The NY Appellate Division delivers an unexpectedly candid ruling on the emergency doctrine, showing rare judicial personality in a motor vehicle collision case.Tue, 02 Feb 2010 04:01:23 GMTNo-Faulthttps://jtnylaw.com/2010/02/5102d-what-not-to-do-personal-injury-mistakes-long-island-nyc/https://jtnylaw.com/2010/02/5102d-what-not-to-do-personal-injury-mistakes-long-island-nyc/Avoid critical mistakes that destroy 5102(d) personal injury cases in NY. Learn what NOT to do from experienced Long Island attorneys. Call 516-750-0595 for expert guidance.Tue, 02 Feb 2010 03:49:58 GMT5102(d) issueshttps://jtnylaw.com/2010/01/ime-reports-qualified-privilege-defamation-claims-long-island-nyc/https://jtnylaw.com/2010/01/ime-reports-qualified-privilege-defamation-claims-long-island-nyc/Learn about IME reports and qualified privilege against defamation claims in NY personal injury cases. Expert legal guidance from experienced Long Island attorneys. Call 516-750-0595.Sat, 30 Jan 2010 02:52:48 GMTIME issueshttps://jtnylaw.com/2010/01/reasonable-excuse-default-judgment-personal-jurisdiction/https://jtnylaw.com/2010/01/reasonable-excuse-default-judgment-personal-jurisdiction/Understanding reasonable excuse requirements for opening default judgments in New York courts. Expert legal guidance on CPLR procedure. Call (516) 750-0595.Tue, 26 Jan 2010 23:01:45 GMTNo-Faulthttps://jtnylaw.com/2010/01/cplr-3212f-summary-judgment-discovery-limitations/https://jtnylaw.com/2010/01/cplr-3212f-summary-judgment-discovery-limitations/Understanding CPLR 3212(f) requirements for additional discovery time in NY litigation. Expert legal guidance on summary judgment practice. Call (516) 750-0595.Tue, 26 Jan 2010 22:50:23 GMTProcedural IssuesSummary Judgment Issueshttps://jtnylaw.com/2010/01/resident-relative-status-new-york-insurance/https://jtnylaw.com/2010/01/resident-relative-status-new-york-insurance/Understanding resident relative status for NY auto insurance claims. Get expert legal help determining coverage eligibility. Call (516) 750-0595 for consultation.Tue, 26 Jan 2010 02:02:16 GMTResident Relativehttps://jtnylaw.com/2010/01/untimely-summary-judgment-motions-nearly-identical-grounds-long-island-nyc/https://jtnylaw.com/2010/01/untimely-summary-judgment-motions-nearly-identical-grounds-long-island-nyc/Second Department ruling allows untimely summary judgment motions on nearly identical grounds. Strategic insights for Long Island and NYC litigation practice.Sat, 23 Jan 2010 22:25:22 GMTNo-Faulthttps://jtnylaw.com/2010/01/mallela-defense-legal-malpractice-long-island-nyc/https://jtnylaw.com/2010/01/mallela-defense-legal-malpractice-long-island-nyc/Nassau County case shows how no-fault Mallela violations can defend against legal malpractice claims. Strategic insights for Long Island and NYC attorneys.Thu, 21 Jan 2010 14:08:16 GMTMallela issueshttps://jtnylaw.com/2010/01/neurologist-expert-testimony-mri-medical-necessity-long-island-nyc/https://jtnylaw.com/2010/01/neurologist-expert-testimony-mri-medical-necessity-long-island-nyc/Nassau County court rules neurologists cannot challenge chiropractor MRI orders without proper foundation. Important ruling for Long Island and NYC medical providers.Thu, 21 Jan 2010 05:46:40 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2010/01/cplr-2309-compliance-notarization-requirements-new-york-litigation/https://jtnylaw.com/2010/01/cplr-2309-compliance-notarization-requirements-new-york-litigation/Navigate CPLR 2309 notarization requirements in NY litigation. Expert analysis of jurisdictional splits and compliance strategies. Free consultation - Call 516-750-0595.Fri, 15 Jan 2010 21:09:02 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2010/01/bad-faith-no-fault-actions-game-changing-development-new-york-insurance-law/https://jtnylaw.com/2010/01/bad-faith-no-fault-actions-game-changing-development-new-york-insurance-law/Discover how bad faith claims in no-fault actions could change NY insurance law. Expert analysis of Devonshire case implications. Free consultation - Call 516-750-0595.Fri, 15 Jan 2010 20:46:01 GMTBad Faithhttps://jtnylaw.com/2010/01/neurologist-insufficient-affirmation-causal-connection-personal-injury/https://jtnylaw.com/2010/01/neurologist-insufficient-affirmation-causal-connection-personal-injury/Learn how conclusory medical opinions can be challenged in NY personal injury cases. Expert legal analysis of Frias v James case. Free consultation - Call 516-750-0595.Thu, 14 Jan 2010 20:52:20 GMTCausationCoveragehttps://jtnylaw.com/2010/01/assignor-admissions-new-york-no-fault-ortho-pro-labs-evidence/https://jtnylaw.com/2010/01/assignor-admissions-new-york-no-fault-ortho-pro-labs-evidence/Learn how assignor admissions can impact New York no-fault litigation. Expert analysis of Ortho Pro Labs decision and strategic guidance for Long Island and NYC attorneys.Thu, 14 Jan 2010 15:48:11 GMTEvidenceHearsayhttps://jtnylaw.com/2010/01/euo-admissibility-cplr-3212f-evidence-rules-new-york-no-fault/https://jtnylaw.com/2010/01/euo-admissibility-cplr-3212f-evidence-rules-new-york-no-fault/Master EUO transcript admissibility and CPLR 3212(f) applications in NY no-fault practice. Expert analysis of RLC Medical decision and evidence rules for Long Island and NYC attorneys.Thu, 14 Jan 2010 15:20:30 GMTEUO issuesEvidenceHearsayMallela issueshttps://jtnylaw.com/2010/01/understanding-new-yorks-former-serve-and-file-system-legal-challenges/https://jtnylaw.com/2010/01/understanding-new-yorks-former-serve-and-file-system-legal-challenges/Expert analysis of New Yorks former serve and file system problems. Learn how historical procedural issues still impact Long Island and NYC legal practice today.Wed, 13 Jan 2010 18:06:16 GMTPleading defectsProcedural Issueshttps://jtnylaw.com/2010/01/affirmation-of-opposing-expert-sufficient-to-thwart-summary-judgment-in-a-malpractice-case/https://jtnylaw.com/2010/01/affirmation-of-opposing-expert-sufficient-to-thwart-summary-judgment-in-a-malpractice-case/Court affirms opposing expert affidavit sufficient to defeat summary judgment in medical malpractice when expert has proper credentials and specialty certification.Wed, 13 Jan 2010 17:18:52 GMTEvidenceExpertsMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2010/01/cplr-2309-affidavit-attestation-appellate-division-second-department/https://jtnylaw.com/2010/01/cplr-2309-affidavit-attestation-appellate-division-second-department/Learn about CPLR 2309 affidavit attestation requirements and when technical violations may be excused under CPLR 2001. Expert analysis from the Appellate Division Second Department.Sun, 10 Jan 2010 17:26:32 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2010/01/district-court-detailed-affidavit-vehicle-not-involved-motor-vehicle-accident/https://jtnylaw.com/2010/01/district-court-detailed-affidavit-vehicle-not-involved-motor-vehicle-accident/Learn how a detailed affidavit successfully proved a vehicle was not involved in a motor vehicle accident in Nassau County District Court. Expert legal analysis from Jason Tenenbaum.Sat, 09 Jan 2010 19:26:38 GMTCoverageNo losshttps://jtnylaw.com/2010/01/affidavits-non-receipt-default-judgment-ny-procedure/https://jtnylaw.com/2010/01/affidavits-non-receipt-default-judgment-ny-procedure/Learn NY requirements for affidavits of non-receipt to vacate default judgments in personal injury cases. Expert CPLR guidance. Call 516-750-0595Sat, 09 Jan 2010 19:01:46 GMTClaims office failureDefaultsNon receipt of billhttps://jtnylaw.com/2010/01/court-ordered-blood-test-medical-discovery-ny-personal-injury/https://jtnylaw.com/2010/01/court-ordered-blood-test-medical-discovery-ny-personal-injury/Learn when NY courts can compel blood tests and medical exams in personal injury litigation. Expert guidance on CPLR 3121 & medical discovery. Call 516-750-0595Fri, 08 Jan 2010 04:28:15 GMTDiscoveryhttps://jtnylaw.com/2010/01/internist-expert-medical-testimony-summary-judgment-ny/https://jtnylaw.com/2010/01/internist-expert-medical-testimony-summary-judgment-ny/Learn how internist qualifications meet NY expert witness standards for personal injury cases. Nassau & Suffolk County medical malpractice lawyer insights. Call 516-750-0595Fri, 08 Jan 2010 04:13:00 GMTEvidenceExpertsMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2010/01/preserving-objections-denial-forms-new-york-no-fault-cases/https://jtnylaw.com/2010/01/preserving-objections-denial-forms-new-york-no-fault-cases/Learn why specific challenges to denial forms must be raised at trial level in New York no-fault cases. Expert analysis for Long Island and NYC medical providers.Thu, 07 Jan 2010 02:15:02 GMTPreservation of defenses on NF-10https://jtnylaw.com/2010/01/plead-it-or-lose-proper-pleading-new-york-personal-injury/https://jtnylaw.com/2010/01/plead-it-or-lose-proper-pleading-new-york-personal-injury/Learn why proper pleading is critical in New York personal injury cases. Expert analysis of the Weaver decision and strategic guidance for Long Island and NYC attorneys.Wed, 06 Jan 2010 04:07:43 GMTPleading defectsProcedural Issueshttps://jtnylaw.com/2010/01/nunc-pro-tunc-claim-form-corrections-new-york-no-fault-law/https://jtnylaw.com/2010/01/nunc-pro-tunc-claim-form-corrections-new-york-no-fault-law/Learn why claim forms cannot be corrected nunc pro tunc after litigation begins in New York no-fault cases. Expert legal analysis for Long Island and NYC providers.Sat, 02 Jan 2010 00:32:38 GMTStandinghttps://jtnylaw.com/2010/01/the-first-case-interpreting-infinity-v-eveready/https://jtnylaw.com/2010/01/the-first-case-interpreting-infinity-v-eveready/First appellate case interpreting Infinity v. Eveready timing requirements for no-fault verification requests - Velen Medical Supply decision analysis.Sat, 02 Jan 2010 00:07:10 GMTAdditional Verificationhttps://jtnylaw.com/2010/01/cplr-2309-and-the-ability-to-submit-new-evidence-in-a-reply/https://jtnylaw.com/2010/01/cplr-2309-and-the-ability-to-submit-new-evidence-in-a-reply/CPLR 2309 certificate of conformity requirements for out-of-state affidavits in New York civil litigation, including recent case law and practical implications.Fri, 01 Jan 2010 23:55:04 GMT2106 and 2309Procedural IssuesReplieshttps://jtnylaw.com/2010/01/proving-standing-without-an-assignment/https://jtnylaw.com/2010/01/proving-standing-without-an-assignment/Learn about proving standing in New York foreclosure cases without assignment. Key legal precedents and defense strategies for Long Island homeowners.Fri, 01 Jan 2010 23:24:08 GMTAssignment of BenefitsBusiness recordsEvidenceProcedural IssuesRenew and reargueStandinghttps://jtnylaw.com/2009/12/road-rage-vehicular-violence-new-york-legal-consequences/https://jtnylaw.com/2009/12/road-rage-vehicular-violence-new-york-legal-consequences/Road rage incidents in New York can escalate to deadly violence with severe legal consequences. Learn about vehicular assault cases and criminal charges.Fri, 25 Dec 2009 01:24:50 GMTNo-Faulthttps://jtnylaw.com/2009/12/single-motion-rule-statute-limitations-long-island-nyc-guide/https://jtnylaw.com/2009/12/single-motion-rule-statute-limitations-long-island-nyc-guide/Learn New York's single motion rule and statute of limitations in Chester Medical Diagnostic case. Essential guidance for Long Island and NYC no-fault insurance litigation.Wed, 23 Dec 2009 23:04:26 GMTHypo-technical defectsProcedural IssuesStatute of Limitationshttps://jtnylaw.com/2009/12/collateral-estoppel-medical-malpractice-long-island-nyc-guide/https://jtnylaw.com/2009/12/collateral-estoppel-medical-malpractice-long-island-nyc-guide/Learn how collateral estoppel in no-fault insurance cases can bind patients in personal injury claims. Essential guide for Long Island and NYC medical providers.Wed, 23 Dec 2009 22:56:23 GMTCoverageNo losshttps://jtnylaw.com/2009/12/bad-faith-no-fault-insurance-long-island-nyc-legal-guide/https://jtnylaw.com/2009/12/bad-faith-no-fault-insurance-long-island-nyc-legal-guide/Learn about bad faith claims in no-fault insurance for Long Island & NYC. Expert analysis of penalty interest, attorney fees, and when insurers cross the line.Wed, 23 Dec 2009 05:17:08 GMTBad Faithhttps://jtnylaw.com/2009/12/hipaa-privacy-requirements-no-fault-practice-new-york-barshay-analysis/https://jtnylaw.com/2009/12/hipaa-privacy-requirements-no-fault-practice-new-york-barshay-analysis/Expert analysis of HIPAA compliance in New York no-fault litigation. Learn when medical authorizations are required for discovery and benefits claims.Wed, 23 Dec 2009 04:30:42 GMTNo-Faulthttps://jtnylaw.com/2009/12/injury-insignificant-serious-injury-threshold-new-york-sone-qamar/https://jtnylaw.com/2009/12/injury-insignificant-serious-injury-threshold-new-york-sone-qamar/Learn how New York courts determine serious injury under Insurance Law 5102(d). Analysis of Sone v Qamar where 20-degree spinal limitation deemed insignificant.Mon, 21 Dec 2009 05:04:44 GMTMedical Necessityhttps://jtnylaw.com/2009/12/evidence-proper-form-supplemental-opposition-new-york-personal-injury/https://jtnylaw.com/2009/12/evidence-proper-form-supplemental-opposition-new-york-personal-injury/Learn why New York courts reject improperly formatted medical evidence and how supplemental opposition papers cannot cure procedural defects in personal injury cases.Mon, 21 Dec 2009 04:41:20 GMT2106 and 2309Procedural Issueshttps://jtnylaw.com/2009/12/prima-facie-case-requirements-ny-no-fault-insurance-omni-chiropractic/https://jtnylaw.com/2009/12/prima-facie-case-requirements-ny-no-fault-insurance-omni-chiropractic/Analysis of Omni Chiropractic v Travelers case on prima facie case requirements in NY no-fault insurance claims, including overdue payment proof and litigation strategy.Mon, 21 Dec 2009 04:25:12 GMTPrima Facie casehttps://jtnylaw.com/2009/12/professional-service-llc-dissolution-ny-medical-license-suspended/https://jtnylaw.com/2009/12/professional-service-llc-dissolution-ny-medical-license-suspended/Analysis of A.B. Med. Servs. v Travelers on professional service LLC dissolution when medical licenses are suspended in New York. Long Island PLLC guidance.Mon, 21 Dec 2009 04:21:08 GMTMallela issueshttps://jtnylaw.com/2009/12/fee-schedule-defenses-ny-no-fault-insurance-st-vincent/https://jtnylaw.com/2009/12/fee-schedule-defenses-ny-no-fault-insurance-st-vincent/Analysis of St. Vincent Med Care v Country-Wide Insurance case regarding fee schedule defenses and bundled services in NY no-fault insurance claims for healthcare providers.Mon, 21 Dec 2009 04:08:46 GMTFee Schedulehttps://jtnylaw.com/2009/12/no-fault-insurance-assignor-ebt-sanctions-cplr-3126/https://jtnylaw.com/2009/12/no-fault-insurance-assignor-ebt-sanctions-cplr-3126/NY court rules CPLR 3126 sanctions cannot be imposed on assignee healthcare providers for assignor EBT failures in no-fault cases. Long Island discovery analysis.Mon, 21 Dec 2009 03:47:05 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2009/12/medical-expert-testimony-standards-new-york-malpractice/https://jtnylaw.com/2009/12/medical-expert-testimony-standards-new-york-malpractice/Learn NY medical expert testimony standards from Shectman v Wilson case. Expert qualification requirements for medical malpractice cases in NYC and Long Island.Sun, 13 Dec 2009 04:46:56 GMTEvidenceExpertsMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2009/12/lawyer-ethics-jury-contact-parking-lot-new-york/https://jtnylaw.com/2009/12/lawyer-ethics-jury-contact-parking-lot-new-york/Learn proper lawyer ethics when encountering jurors outside court. Expert analysis of LaChapelle v McLoughlin case from NYC and Long Island legal perspective.Sun, 13 Dec 2009 04:31:20 GMTJury Issueshttps://jtnylaw.com/2009/12/ny-ebt-venue-rules-undue-hardship-exceptions-depositions/https://jtnylaw.com/2009/12/ny-ebt-venue-rules-undue-hardship-exceptions-depositions/Learn when NY courts grant EBT venue exceptions for undue hardship in Long Island and New York personal injury cases. Expert analysis of deposition alternatives including videoconferencing.Sun, 13 Dec 2009 04:24:54 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2009/12/law-office-failure-excuses-default-judgments-new-york/https://jtnylaw.com/2009/12/law-office-failure-excuses-default-judgments-new-york/Learn why NY courts require detailed law office failure excuses for default relief. Expert analysis of Second vs First Department standards. Call 516-750-0595.Sun, 13 Dec 2009 03:43:16 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2009/12/when-courts-deny-late-amendment-motions-new-york-legal-cases/https://jtnylaw.com/2009/12/when-courts-deny-late-amendment-motions-new-york-legal-cases/Learn when New York courts deny leave to amend motions due to timing issues. Expert analysis of the eve of trial standard for Long Island & NYC cases. Call 516-750-0595.Fri, 11 Dec 2009 03:34:55 GMTAmendmentsPleadingshttps://jtnylaw.com/2009/12/medical-necessity-affidavits-conclusory-statements-insurance-summary-judgment/https://jtnylaw.com/2009/12/medical-necessity-affidavits-conclusory-statements-insurance-summary-judgment/Why conclusory medical necessity affidavits fail against insurance companies. Expert analysis of Innovative Chiropractic v Travelers case. Call 516-750-0595.Thu, 10 Dec 2009 02:59:54 GMTMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2009/12/court-rules-claim-severance-new-york-multiple-assignors-joinder/https://jtnylaw.com/2009/12/court-rules-claim-severance-new-york-multiple-assignors-joinder/New York court definitively rules on joining multiple assignor claims from different accidents. Expert analysis of Georgetown v State Farm case. Call 516-750-0595.Thu, 10 Dec 2009 02:42:34 GMTSeverencehttps://jtnylaw.com/2009/12/insurance-affidavit-employment-duration-requirements-new-york/https://jtnylaw.com/2009/12/insurance-affidavit-employment-duration-requirements-new-york/Learn about insurance affidavit employment duration requirements in NY no-fault cases. Expert legal analysis of Points of Health v GEICO case. Call 516-750-0595.Wed, 09 Dec 2009 04:43:27 GMTMailinghttps://jtnylaw.com/2009/12/it-is-standing-again/https://jtnylaw.com/2009/12/it-is-standing-again/Analysis of standing requirements in foreclosure vs no-fault insurance cases, examining retroactive assignments and legal interest requirements under NY law.Wed, 09 Dec 2009 04:17:13 GMTAssignment of BenefitsStandinghttps://jtnylaw.com/2009/12/cplr-2106-affirmation-renewal-new-york-guide/https://jtnylaw.com/2009/12/cplr-2106-affirmation-renewal-new-york-guide/Learn how CPLR 2106 affirmation defects can be corrected through renewal motions in NY litigation. Expert guide for Long Island attorneys on procedural requirements and remedies.Sat, 05 Dec 2009 05:20:01 GMT2106 and 2309Procedural IssuesRenew and rearguehttps://jtnylaw.com/2009/12/law-office-failure-good-cause-default-new-york/https://jtnylaw.com/2009/12/law-office-failure-good-cause-default-new-york/Analysis of NY appellate court ruling on law office failure as good cause to open defaults, examining regional variations and procedural requirements.Sat, 05 Dec 2009 03:35:15 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2009/11/ime-diagnostic-testing-rights-ny-claimants/https://jtnylaw.com/2009/11/ime-diagnostic-testing-rights-ny-claimants/Learn your rights regarding diagnostic testing during Independent Medical Examinations in New York. Expert guidance for Long Island and Nassau County claimants.Sun, 29 Nov 2009 03:56:52 GMTIME issuesPropriety of the examinationhttps://jtnylaw.com/2009/11/dwi-consequences-no-fault-benefits-life-sentences-new-york/https://jtnylaw.com/2009/11/dwi-consequences-no-fault-benefits-life-sentences-new-york/Learn how DWI convictions can result in loss of no-fault benefits and life sentences for repeat offenders. Expert DWI defense in Nassau & Suffolk County.Fri, 27 Nov 2009 15:13:31 GMTDWI issueshttps://jtnylaw.com/2009/11/motion-return-date-adjournments-new-york-courts/https://jtnylaw.com/2009/11/motion-return-date-adjournments-new-york-courts/Learn when New York courts will grant motion adjournments and the consequences of appearing unprepared. Expert legal guidance for Nassau & Suffolk County cases.Fri, 27 Nov 2009 04:15:16 GMTAdjournmentsDefaultshttps://jtnylaw.com/2009/11/voluntary-discontinuance-cplr-3217-nassau-suffolk-ny-litigation/https://jtnylaw.com/2009/11/voluntary-discontinuance-cplr-3217-nassau-suffolk-ny-litigation/New York courts allow voluntary discontinuance of civil actions without prejudice absent special circumstances or defendant prejudice under CPLR 3217(b).Fri, 27 Nov 2009 03:49:36 GMTDiscontinuanceshttps://jtnylaw.com/2009/11/wagman-peer-hearsay-challenge-medical-testimony-nassau-suffolk-ny/https://jtnylaw.com/2009/11/wagman-peer-hearsay-challenge-medical-testimony-nassau-suffolk-ny/New York civil court judge correctly rejects Wagman-based peer hearsay challenge in medical expert testimony case, analyzing evidentiary standards for expert opinions.Fri, 27 Nov 2009 03:33:26 GMTEvidenceHearsayhttps://jtnylaw.com/2009/11/law-office-failure-procedures-defaults-second-department-nassau-suffolk/https://jtnylaw.com/2009/11/law-office-failure-procedures-defaults-second-department-nassau-suffolk/Learn why New York attorneys must demonstrate procedural compliance when seeking to vacate defaults based on law office failure in Nassau and Suffolk County courts.Fri, 27 Nov 2009 03:07:57 GMTDefaultsLaw Office Failurehttps://jtnylaw.com/2009/11/account-stated-claims-medical-billing-new-york-no-fault/https://jtnylaw.com/2009/11/account-stated-claims-medical-billing-new-york-no-fault/Understanding account stated claims and service verification in New York no-fault medical billing disputes. Expert legal guidance from experienced NY attorneys. Call 516-750-0595.Fri, 27 Nov 2009 02:56:05 GMTNo-Faulthttps://jtnylaw.com/2009/11/staged-accident-allegations-new-york-insurance-claims/https://jtnylaw.com/2009/11/staged-accident-allegations-new-york-insurance-claims/Understanding staged accident allegations in New York insurance claims. Expert legal defense against fraud accusations from experienced NY personal injury attorneys. Call 516-750-0595.Fri, 27 Nov 2009 02:30:52 GMTCoverageIntentional losshttps://jtnylaw.com/2009/11/pedestrian-contact-defense-new-york-personal-injury-cases/https://jtnylaw.com/2009/11/pedestrian-contact-defense-new-york-personal-injury-cases/Understanding the "I was there but never hit you" defense in NYC pedestrian accidents. Expert legal analysis from experienced NY personal injury attorneys. Call 516-750-0595.Fri, 27 Nov 2009 02:19:53 GMTCoverageNo losshttps://jtnylaw.com/2009/11/concerns-about-the-use-of-a-first-party-no-fault-ime-to-support-a-third-party-defendants-summary-judgment-motion/https://jtnylaw.com/2009/11/concerns-about-the-use-of-a-first-party-no-fault-ime-to-support-a-third-party-defendants-summary-judgment-motion/Understanding how no-fault IME findings affect third-party personal injury lawsuits in NY. Expert legal analysis from Long Island attorneys. Call 516-750-0595.Wed, 25 Nov 2009 03:44:49 GMTcollateral estoppelMedical NecessityRes Judicatahttps://jtnylaw.com/2009/11/a-prima-facie-case-of-medical-necessity/https://jtnylaw.com/2009/11/a-prima-facie-case-of-medical-necessity/Understanding medical necessity proof standards in NY personal injury and no-fault cases. Expert legal analysis from Long Island attorneys. Call 516-750-0595.Mon, 23 Nov 2009 04:00:35 GMTMedical NecessityPrima Facie caseSufficiency of medical evidencehttps://jtnylaw.com/2009/11/equitable-considerations-now-invade-no-fault-law/https://jtnylaw.com/2009/11/equitable-considerations-now-invade-no-fault-law/How equitable considerations are changing NY no-fault insurance law. Expert analysis from Long Island personal injury attorneys. Call 516-750-0595.Sat, 21 Nov 2009 03:17:50 GMTAdditional Verificationhttps://jtnylaw.com/2009/11/ny-acupuncture-prima-facie-defense-chiropractor-rate-limitations-no-fault/https://jtnylaw.com/2009/11/ny-acupuncture-prima-facie-defense-chiropractor-rate-limitations-no-fault/Learn how NY courts established prima facie defense for acupuncture fee disputes, limiting coverage to chiropractor rates. Expert analysis for Long Island & NYC patients.Fri, 20 Nov 2009 04:32:18 GMTFee Schedulehttps://jtnylaw.com/2009/11/ny-acupuncture-fee-schedules-chiropractor-rates-no-fault-insurance/https://jtnylaw.com/2009/11/ny-acupuncture-fee-schedules-chiropractor-rates-no-fault-insurance/Learn how NY courts limit acupuncture practitioners to chiropractor fee schedules in no-fault cases. Expert analysis for Long Island & NYC alternative medicine coverage.Thu, 19 Nov 2009 02:18:21 GMTFee Schedulehttps://jtnylaw.com/2009/11/ny-no-fault-treating-doctors-challenge-ime-medical-necessity-findings/https://jtnylaw.com/2009/11/ny-no-fault-treating-doctors-challenge-ime-medical-necessity-findings/Learn when treating doctors must meaningfully disagree with IME findings in NY no-fault cases. Expert analysis of medical necessity disputes for Long Island & NYC injury victims.Wed, 18 Nov 2009 02:12:54 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2009/11/signature-on-file-assignment-benefits-ny-requirements/https://jtnylaw.com/2009/11/signature-on-file-assignment-benefits-ny-requirements/Learn about NY signature on file requirements for assignment of benefits forms. Expert analysis of verification procedures and no-fault insurance law.Tue, 17 Nov 2009 02:50:37 GMTAdditional VerificationAssignment of BenefitsStandinghttps://jtnylaw.com/2009/11/business-records-electronic-data-entry-requirements-ny/https://jtnylaw.com/2009/11/business-records-electronic-data-entry-requirements-ny/Learn about NY business records requirements for electronic data entry and computer records. Critical evidentiary rules for Long Island and NYC attorneys.Sun, 15 Nov 2009 05:21:30 GMTBusiness recordsEvidencehttps://jtnylaw.com/2009/11/business-records-assignment-benefits-new-york-legal-requirements/https://jtnylaw.com/2009/11/business-records-assignment-benefits-new-york-legal-requirements/Expert analysis of NY business records exception and assignment of benefits requirements. Learn how to avoid costly procedural pitfalls in Long Island and NYC courts.Sun, 15 Nov 2009 05:15:15 GMTAssignment of BenefitsBusiness recordsStandinghttps://jtnylaw.com/2009/11/cplr-3404-and-the-untimely-motion-to-restore-that-was-in-effect-deemed-timely/https://jtnylaw.com/2009/11/cplr-3404-and-the-untimely-motion-to-restore-that-was-in-effect-deemed-timely/CPLR 3404 case analysis: Kahgan v Alwi explores rebuttable presumption of abandonment when trial motions aren't calendared, with implications for Civil Court actions.Fri, 13 Nov 2009 03:15:00 GMTProcedural IssuesStriking Notices of Trialhttps://jtnylaw.com/2009/11/medical-equipment-peer-review-no-fault-insurance-new-york/https://jtnylaw.com/2009/11/medical-equipment-peer-review-no-fault-insurance-new-york/Expert analysis of medical equipment peer review determinations in New York no-fault insurance cases. Understanding evidence requirements and medical necessity standards for Long Island practitioners.Fri, 13 Nov 2009 02:39:18 GMTBusiness recordsHearsayMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2009/11/affidavit-inadmissibility-new-york-trial-evidence-rules/https://jtnylaw.com/2009/11/affidavit-inadmissibility-new-york-trial-evidence-rules/Learn why affidavits cannot be used at trial in New York courts. Expert analysis of evidence rules, cross-examination requirements, and litigation strategy for Long Island and NYC attorneys.Sun, 08 Nov 2009 19:08:39 GMTEvidencehttps://jtnylaw.com/2009/11/malella-defense-workers-compensation-disclaimer-requirements-new-york/https://jtnylaw.com/2009/11/malella-defense-workers-compensation-disclaimer-requirements-new-york/Understanding the inconsistent disclaimer requirements for Malella defenses versus workers compensation defenses in New York no-fault insurance cases.Sun, 08 Nov 2009 12:53:01 GMTMallela issuesStandingWorkers Compensationhttps://jtnylaw.com/2009/11/acupuncture-fee-schedule-rates-new-york-no-fault/https://jtnylaw.com/2009/11/acupuncture-fee-schedule-rates-new-york-no-fault/Understanding acupuncture fee schedule requirements in New York no-fault cases. Legal guide on chiropractic rate reimbursement for acupuncture providers.Fri, 06 Nov 2009 02:20:43 GMTFee Schedulehttps://jtnylaw.com/2009/11/ime-no-show-personal-knowledge-requirements-new-york/https://jtnylaw.com/2009/11/ime-no-show-personal-knowledge-requirements-new-york/Learn what satisfies the personal knowledge requirement for IME no-show defenses in New York. Expert legal analysis from experienced personal injury attorneys.Fri, 06 Nov 2009 01:50:02 GMTIME issuesPersonal knowledge of no showhttps://jtnylaw.com/2009/11/what-really-happened-st-barnabus-allstate-no-fault-insurance-defense-strategy/https://jtnylaw.com/2009/11/what-really-happened-st-barnabus-allstate-no-fault-insurance-defense-strategy/Deep dive into St. Barnabus v. Allstate case reveals critical lessons about no-fault insurance defense strategy and affidavit support for Long Island & NYC residents.Fri, 06 Nov 2009 01:44:00 GMTPreservation of defenses on NF-10https://jtnylaw.com/2009/11/understanding-collateral-estoppel-new-york-no-fault-insurance-frias-decision/https://jtnylaw.com/2009/11/understanding-collateral-estoppel-new-york-no-fault-insurance-frias-decision/Learn about collateral estoppel and privity in NY no-fault insurance cases. Expert analysis of State Farm v. Frias for Long Island & NYC residents facing insurance disputes.Mon, 02 Nov 2009 02:06:06 GMTCoverageProcedural IssuesRes Judicatahttps://jtnylaw.com/2009/10/understanding-insurance-claim-denials-materiality-mistakes-new-york-no-fault-law/https://jtnylaw.com/2009/10/understanding-insurance-claim-denials-materiality-mistakes-new-york-no-fault-law/Learn how mistakes in insurance denial letters can invalidate claims in NY no-fault cases. Expert analysis of St. Barnabus v. Allstate for Long Island & NYC residents.Sat, 31 Oct 2009 17:12:33 GMTPreservation of defenses on NF-10https://jtnylaw.com/2009/10/laches-discovery-timing-cplr-3212f-summary-judgment-new-york/https://jtnylaw.com/2009/10/laches-discovery-timing-cplr-3212f-summary-judgment-new-york/Learn how laches can defeat discovery requests under CPLR 3212(f) in New York summary judgment practice. Expert analysis from experienced litigation attorneys.Fri, 30 Oct 2009 04:07:07 GMTDiscoveryProcedural Issueshttps://jtnylaw.com/2009/10/legal-standing-requirements-no-fault-vs-traditional-litigation-new-york/https://jtnylaw.com/2009/10/legal-standing-requirements-no-fault-vs-traditional-litigation-new-york/Learn how legal standing requirements differ between no-fault insurance and traditional litigation in New York. Expert analysis from experienced NYC and Long Island attorneys.Sun, 25 Oct 2009 05:41:14 GMTAssignment of BenefitsStandinghttps://jtnylaw.com/2009/10/euo-examination-under-oath-requirements-new-york-no-fault-insurance/https://jtnylaw.com/2009/10/euo-examination-under-oath-requirements-new-york-no-fault-insurance/Learn about EUO examination under oath requirements in New York no-fault insurance law. Expert legal analysis from experienced Long Island and NYC attorneys.Thu, 22 Oct 2009 04:47:31 GMTEUO issuesSufficiency of letters and requestshttps://jtnylaw.com/2009/10/carothers-v-geico-no-fault-business-records-prima-facie-case/https://jtnylaw.com/2009/10/carothers-v-geico-no-fault-business-records-prima-facie-case/Analysis of Carothers v. Geico and its impact on no-fault insurance business records requirements in New York. Expert legal insight from Tenenbaum Law. Call 516-750-0595.Wed, 21 Oct 2009 16:56:01 GMTPrima Facie casehttps://jtnylaw.com/2009/10/expert-testimony-medical-journals-treatises-new-york-courts/https://jtnylaw.com/2009/10/expert-testimony-medical-journals-treatises-new-york-courts/Understanding expert testimony rules for medical journals and treatises in New York courts. Legal analysis for personal injury and medical malpractice cases. Call 516-750-0595.Sat, 10 Oct 2009 15:20:43 GMTEvidenceExpert journals and treatiseshttps://jtnylaw.com/2009/10/welcome-to-tenenbaum-law-personal-injury-attorney-nyc-long-island/https://jtnylaw.com/2009/10/welcome-to-tenenbaum-law-personal-injury-attorney-nyc-long-island/Experienced personal injury attorney serving NYC and Long Island. Get expert legal representation for accidents, injuries, and insurance claims. Call 516-750-0595 for consultation.Wed, 07 Oct 2009 04:38:42 GMTNo-Faulthttps://jtnylaw.com/2009/10/prima-facie-case-no-fault-fourth-department-alignment-ny/https://jtnylaw.com/2009/10/prima-facie-case-no-fault-fourth-department-alignment-ny/Learn how the Fourth Department aligned with other NY appellate divisions on prima facie case requirements in no-fault litigation. Key legal development for providers.Tue, 06 Oct 2009 03:36:21 GMTPrima Facie caseSeverencehttps://jtnylaw.com/2009/09/no-fault-default-judgment-complex-cases-ny-arbitration/https://jtnylaw.com/2009/09/no-fault-default-judgment-complex-cases-ny-arbitration/Understand the complex implications of default judgments in NY no-fault cases. Learn strategic defense approaches and collateral estoppel consequences.Fri, 18 Sep 2009 05:01:00 GMTArbitrationsArticle 75Defaultshttps://jtnylaw.com/2009/08/master-arbitral-review-service-requirements-ny-procedural-compliance/https://jtnylaw.com/2009/08/master-arbitral-review-service-requirements-ny-procedural-compliance/Learn the critical service requirements for master arbitral review in New York. Discover how proper procedures can make or break your no-fault arbitration appeal.Sat, 29 Aug 2009 05:27:00 GMTArbitrationsArticle 75https://jtnylaw.com/2009/08/use-operation-motor-vehicles-coverage-florida-new-york-blish-case/https://jtnylaw.com/2009/08/use-operation-motor-vehicles-coverage-florida-new-york-blish-case/Florida Supreme Court ruling expands motor vehicle "use and operation" coverage to include robbery victim changing tire, demonstrating broad interpretation of no-fault benefits.Fri, 28 Aug 2009 20:50:00 GMTFlorida issuesUse and Operationhttps://jtnylaw.com/2009/08/building-connections-legal-community-professional-networks-new-york/https://jtnylaw.com/2009/08/building-connections-legal-community-professional-networks-new-york/Legal networking in the digital age: How professional connections through blogs and online platforms benefit New York no-fault insurance attorneys and the broader legal community.Fri, 28 Aug 2009 20:43:00 GMTNo-Faulthttps://jtnylaw.com/2009/08/peer-reports-pip-claims-30-day-determination-period-florida-new-york/https://jtnylaw.com/2009/08/peer-reports-pip-claims-30-day-determination-period-florida-new-york/Learn when insurers can perform peer reports after the 30-day claims determination period in PIP cases. Florida court ruling on medical necessity challenges.Wed, 26 Aug 2009 06:34:00 GMTFlorida issuesMedical Necessityhttps://jtnylaw.com/2009/08/appellate-division-additional-verification-requests-timeliness-no-fault-insurance/https://jtnylaw.com/2009/08/appellate-division-additional-verification-requests-timeliness-no-fault-insurance/Appellate Division to rule on premature additional verification requests in NY no-fault insurance. Analysis of Infinity Health Products case for Long Island attorneys.Wed, 19 Aug 2009 06:41:00 GMTAdditional Verificationhttps://jtnylaw.com/2009/08/best-evidence-rule-new-york-courts-madison-documentary-evidence/https://jtnylaw.com/2009/08/best-evidence-rule-new-york-courts-madison-documentary-evidence/Learn how New York courts are evolving the best evidence rule in Madison-68 Corp. case. Expert analysis on documentary evidence for Long Island attorneys.Fri, 14 Aug 2009 08:04:00 GMTEvidencehttps://jtnylaw.com/2009/08/cplr-2309-out-of-state-affidavits-certificate-requirements-new-york/https://jtnylaw.com/2009/08/cplr-2309-out-of-state-affidavits-certificate-requirements-new-york/Learn about CPLR § 2309(c) requirements for out-of-state affidavits in New York courts. Andromeda case analysis & best practices for Long Island attorneys.Fri, 14 Aug 2009 08:00:00 GMTEvidenceProcedural Issueshttps://jtnylaw.com/2009/08/euo-personal-knowledge-non-appearances-long-island-nyc/https://jtnylaw.com/2009/08/euo-personal-knowledge-non-appearances-long-island-nyc/Expert analysis of EUO personal knowledge requirements for non-appearances in NY no-fault law. Long Island & NYC legal guidance. Call 516-750-0595.Fri, 14 Aug 2009 07:56:00 GMTEUO issuesPersonal knowledge of no-showhttps://jtnylaw.com/2009/08/claims-office-failure-excusable-instances-long-island-nyc/https://jtnylaw.com/2009/08/claims-office-failure-excusable-instances-long-island-nyc/Expert analysis of excusable claims office failures in NY no-fault insurance law. Long Island & NYC legal guidance for administrative mistakes. Call 516-750-0595.Thu, 13 Aug 2009 06:44:00 GMTClaims office failureDefaultshttps://jtnylaw.com/2009/08/identity-fraud-insurance-policy-procurement-long-island-nyc/https://jtnylaw.com/2009/08/identity-fraud-insurance-policy-procurement-long-island-nyc/Expert analysis of identity fraud in insurance policy procurement. Long Island & NYC legal guidance on no-fault insurance fraud defense. Call 516-750-0595.Thu, 13 Aug 2009 06:35:00 GMTCoverageMaterial misrepresentation - procurement of insurance policyhttps://jtnylaw.com/2009/07/workers-compensation-defense-no-fault-standing-vs-exclusion-ny/https://jtnylaw.com/2009/07/workers-compensation-defense-no-fault-standing-vs-exclusion-ny/Navigate the complex intersection of workers compensation and no-fault insurance law in NY. Expert analysis of standing vs. exclusion defense strategies for healthcare providers.Fri, 31 Jul 2009 07:40:00 GMTWorkers Compensationhttps://jtnylaw.com/2009/07/insurance-material-misrepresentations-preponderance-vs-intent-ny/https://jtnylaw.com/2009/07/insurance-material-misrepresentations-preponderance-vs-intent-ny/Learn how NY Insurance Law Section 3105(b) allows policy rescission for material misrepresentations without proving intent. Essential guidance for healthcare providers and policyholders.Fri, 24 Jul 2009 06:47:00 GMTCoverageIntentional losshttps://jtnylaw.com/2009/07/understanding-peer-review-standards-ny-no-fault-insurance/https://jtnylaw.com/2009/07/understanding-peer-review-standards-ny-no-fault-insurance/Learn how the Pan Chiropractic v Mercury Insurance case changed peer review standards in New York no-fault insurance litigation. Expert legal guidance for healthcare providers.Thu, 16 Jul 2009 20:33:00 GMTEvidenceMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2009/07/understanding-legal-standing-new-york-comprehensive-guide/https://jtnylaw.com/2009/07/understanding-legal-standing-new-york-comprehensive-guide/Learn about legal standing requirements in New York personal injury and insurance cases. Essential guide for Long Island and NYC residents on court access rights.Thu, 16 Jul 2009 20:20:00 GMTStandinghttps://jtnylaw.com/2009/07/collateral-estoppel-no-fault-arbitrations-ny-fourth-department/https://jtnylaw.com/2009/07/collateral-estoppel-no-fault-arbitrations-ny-fourth-department/Fourth Department holds collateral estoppel may not apply between no-fault and SUM arbitrations in New York. Critical analysis of Falzone decision for Long Island claims.Thu, 09 Jul 2009 08:40:00 GMTArbitrationscollateral estoppelEvidencehttps://jtnylaw.com/2009/07/what-do-cplr-2309-and-cplr-2106-have-in-common/https://jtnylaw.com/2009/07/what-do-cplr-2309-and-cplr-2106-have-in-common/Learn how CPLR § 2309 and CPLR § 2106 requirements for oaths and affidavits can derail no-fault insurance cases. Avoid costly procedural errors in NY courts.Wed, 08 Jul 2009 04:08:00 GMTProcedural Issueshttps://jtnylaw.com/2009/07/insurance-expert-testimony-medical-necessity-disputes-ny/https://jtnylaw.com/2009/07/insurance-expert-testimony-medical-necessity-disputes-ny/Expert analysis of insurance carrier expert testimony scope in NY no-fault medical necessity disputes. Understanding Krishna case precedent, IME reports, and peer review limitations for NYC and Long Island.Wed, 01 Jul 2009 05:02:00 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2009/07/no-fault-insurance-priority-disputes-intercompany-arbitration-ny/https://jtnylaw.com/2009/07/no-fault-insurance-priority-disputes-intercompany-arbitration-ny/Understanding priority of payment disputes in NY no-fault insurance. Expert analysis of intercompany arbitration requirements, SZ Medical case, and Insurance Law 5105 for NYC and Long Island.Wed, 01 Jul 2009 04:54:00 GMTArbitrationsProcedural Issueshttps://jtnylaw.com/2009/06/workers-compensation-defense-ny-personal-injury/https://jtnylaw.com/2009/06/workers-compensation-defense-ny-personal-injury/Expert analysis of workers compensation defense issues in New York personal injury cases. Understanding no-fault insurance coordination, standing issues, and legal strategies for NYC and Long Island.Tue, 30 Jun 2009 18:02:00 GMTStandingWorkers Compensationhttps://jtnylaw.com/2009/06/conclusory-affidavits-will-not-defeat-an-insurance-carriers-summary-judgment-motion/https://jtnylaw.com/2009/06/conclusory-affidavits-will-not-defeat-an-insurance-carriers-summary-judgment-motion/Learn how conclusory affidavits fail to defeat insurance carriers' summary judgment motions in NY no-fault cases. Bronze Acupuncture v Mercury shows what works.Fri, 19 Jun 2009 03:23:00 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2009/06/nunc-pro-tunc-relief-new-york-serve-file-system-history/https://jtnylaw.com/2009/06/nunc-pro-tunc-relief-new-york-serve-file-system-history/Learn about New York's abolished serve-and-file system and nunc pro tunc relief. Essential procedural history for Long Island and NYC attorneys.Fri, 19 Jun 2009 03:10:00 GMTProcedural Issueshttps://jtnylaw.com/2009/06/discovery-violations-court-sanctions-new-york-appellate-division/https://jtnylaw.com/2009/06/discovery-violations-court-sanctions-new-york-appellate-division/Learn how New York courts handle discovery violations and impose CPLR 3126 sanctions. Expert analysis of Northfield Ins. Co. v Model Towing & Recovery case.Sun, 14 Jun 2009 05:55:00 GMTDiscoveryDiscovery sanctionshttps://jtnylaw.com/2009/06/claim-representative-affidavits-cure-nf-10-form-defects-new-york/https://jtnylaw.com/2009/06/claim-representative-affidavits-cure-nf-10-form-defects-new-york/Learn how claim representative affidavits can cure NF-10 form inaccuracies in New York no-fault litigation. Expert guidance for medical providers. Call 516-750-0595.Thu, 11 Jun 2009 19:58:00 GMTPreservation of defenses on NF-10https://jtnylaw.com/2009/06/prima-facie-cases-new-york-no-fault-insurance-law/https://jtnylaw.com/2009/06/prima-facie-cases-new-york-no-fault-insurance-law/Learn about prima facie case requirements in New York no-fault insurance litigation. Expert guidance for medical providers on establishing strong claims. Call 516-750-0595.Thu, 11 Jun 2009 19:45:00 GMTPrima Facie casehttps://jtnylaw.com/2009/06/motion-to-reargue-30-day-rule-new-york-civil-procedure/https://jtnylaw.com/2009/06/motion-to-reargue-30-day-rule-new-york-civil-procedure/Learn about Motion to Reargue deadlines in New York civil litigation. Expert guidance on CPLR 2221(d)(3) and when the 30-day rule may be tolled. Call 516-750-0595.Sun, 07 Jun 2009 19:25:00 GMTProcedural IssuesRenew and rearguehttps://jtnylaw.com/2009/06/ebts-in-no-fault-practice-laches-does-not-apply/https://jtnylaw.com/2009/06/ebts-in-no-fault-practice-laches-does-not-apply/Queens Chiropractic v Country Wide ruling that time delays don't waive insurance carriers' EBT rights in no-fault cases, contrasting with First Department precedent.Thu, 04 Jun 2009 04:22:00 GMTDiscoveryEBT Issueshttps://jtnylaw.com/2009/05/attorney-fee-requirements-new-york-no-fault-insurance/https://jtnylaw.com/2009/05/attorney-fee-requirements-new-york-no-fault-insurance/Learn about attorney fee requirements in New York no-fault insurance cases after Cornell Medical. Important billing compliance for NYC and LI attorneys. Call 516-750-0595.Fri, 29 May 2009 17:57:00 GMTAttorney feeCounterclaimsProcedural Issueshttps://jtnylaw.com/2009/05/acupuncture-reimbursement-rates-new-york-no-fault-insurance/https://jtnylaw.com/2009/05/acupuncture-reimbursement-rates-new-york-no-fault-insurance/Learn about acupuncture reimbursement rates in New York no-fault insurance cases. Important legal precedent affecting NYC and Long Island patients. Call 516-750-0595.Fri, 29 May 2009 17:51:00 GMTFee Schedulehttps://jtnylaw.com/2009/05/stricken-v-dismissed/https://jtnylaw.com/2009/05/stricken-v-dismissed/Understanding the difference between stricken vs dismissed no-fault insurance cases in New York courts, including restoration procedures and strategic considerations.Fri, 29 May 2009 17:40:00 GMTProcedural IssuesStriking Notices of Trialhttps://jtnylaw.com/2009/05/ebt-procedural-requirements-no-fault-cases-fogel-decision/https://jtnylaw.com/2009/05/ebt-procedural-requirements-no-fault-cases-fogel-decision/Understanding EBT procedural requirements and Fogel decision impacts in no-fault insurance litigation. Expert analysis of A.M. Medical Services v GEICO case.Fri, 29 May 2009 17:28:00 GMTDiscoveryEBT IssuesStriking Notices of Trialhttps://jtnylaw.com/2009/05/six-year-statute-limitations-no-fault-insurance-new-york/https://jtnylaw.com/2009/05/six-year-statute-limitations-no-fault-insurance-new-york/Understanding the six-year statute of limitations for no-fault insurance actions in New York. Expert analysis of Spring World Acupuncture v NYC Transit Authority decision.Fri, 29 May 2009 17:13:00 GMTStatute of Limitationshttps://jtnylaw.com/2009/05/insurance-company-rehabilitation-new-york-legal-guide/https://jtnylaw.com/2009/05/insurance-company-rehabilitation-new-york-legal-guide/Learn about insurance company rehabilitation in New York, including the landmark Interboro case and how Article 73 & 74 of Insurance Law affect no-fault claims and policyholders.Thu, 28 May 2009 15:31:00 GMTNo-Faulthttps://jtnylaw.com/2009/05/insurance-subrogation-property-damage-claims-new-york/https://jtnylaw.com/2009/05/insurance-subrogation-property-damage-claims-new-york/Learn about insurance subrogation rights and property damage claims in New York. Expert analysis of Liberty Mutual v. Perez case and subrogation procedures.Wed, 27 May 2009 05:18:00 GMTNo-Faulthttps://jtnylaw.com/2009/05/court-venue-transfer-new-york-long-island/https://jtnylaw.com/2009/05/court-venue-transfer-new-york-long-island/Learn about New York court venue transfer procedures and the complex process of moving cases between different court systems on Long Island and NYC.Sat, 16 May 2009 09:37:00 GMTProcedural Issueshttps://jtnylaw.com/2009/05/deutsche-bank-foreclosure-crisis-long-island-homeowners/https://jtnylaw.com/2009/05/deutsche-bank-foreclosure-crisis-long-island-homeowners/Banking crisis and foreclosure abuse lessons from Deutsche Bank v. Oliver case in Nassau County, examining corporate misconduct beyond insurance carriers during 2008-2009 financial crisis.Wed, 13 May 2009 05:59:00 GMTNo-Faulthttps://jtnylaw.com/2009/05/bongiorno-state-farm-medical-necessity-long-island/https://jtnylaw.com/2009/05/bongiorno-state-farm-medical-necessity-long-island/Long Island personal injury law blog discusses landmark Bongiorno v State Farm decision, marking first Richmond County reversal on medical necessity summary judgment in no-fault insurance cases.Fri, 08 May 2009 04:33:00 GMTMailingMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2009/05/appellate-court-challenges-no-fault-insurance-mercury/https://jtnylaw.com/2009/05/appellate-court-challenges-no-fault-insurance-mercury/New York appellate court inconsistencies in no-fault insurance cases affecting venue selection and case outcomes for Long Island residents.Sat, 02 May 2009 07:24:00 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2009/04/2106-again/https://jtnylaw.com/2009/04/2106-again/Understanding the three types of appeals in New York personal injury practice. Strategic appellate guidance from experienced Long Island attorney Jason Tenenbaum.Thu, 30 Apr 2009 04:32:00 GMT2106 and 2309EvidenceProcedural Issueshttps://jtnylaw.com/2009/04/45-days-and-then-what/https://jtnylaw.com/2009/04/45-days-and-then-what/Understanding New York no-fault 45-day rule violations and reasonable justifications. Expert legal guidance from Long Island attorney Jason Tenenbaum.Tue, 28 Apr 2009 22:51:00 GMTTimely submissions of Billshttps://jtnylaw.com/2009/04/my-car-was-not-there-damnit/https://jtnylaw.com/2009/04/my-car-was-not-there-damnit/Understanding coverage disputes in assigned no-fault claims and their impact on personal injury cases. Expert legal guidance from Long Island attorney Jason Tenenbaum.Thu, 23 Apr 2009 04:44:00 GMTCoverageNo losshttps://jtnylaw.com/2009/04/ortho-med-supply-mercury-no-fault-complexities/https://jtnylaw.com/2009/04/ortho-med-supply-mercury-no-fault-complexities/Ortho Med Supply v Mercury reveals hidden complexities in no-fault insurance law beyond surface medical necessity issues. Expert legal analysis.Thu, 23 Apr 2009 04:26:00 GMTPreservation of defenses on NF-10https://jtnylaw.com/2009/04/pine-hollow-dead-business-records-rule-restored/https://jtnylaw.com/2009/04/pine-hollow-dead-business-records-rule-restored/Pine Hollow case overruled, restoring proper business records standards in NY personal injury law. Expert analysis from experienced Long Island attorney.Fri, 17 Apr 2009 05:24:00 GMTBusiness recordsEvidencePrima Facie casehttps://jtnylaw.com/2009/04/lobel-effect-no-fault-insurance-personal-injury/https://jtnylaw.com/2009/04/lobel-effect-no-fault-insurance-personal-injury/Learn how no-fault arbitration can destroy your personal injury case through collateral estoppel. Expert legal analysis from experienced Long Island attorney.Tue, 14 Apr 2009 06:51:00 GMTCausationcollateral estoppelCoverageEvidencehttps://jtnylaw.com/2009/04/mvaic-45-day-rule-timing-requirements-long-island/https://jtnylaw.com/2009/04/mvaic-45-day-rule-timing-requirements-long-island/MVAIC's strict timing requirements create challenges for Long Island accident victims seeking no-fault benefits from uninsured drivers and hit-and-run cases.Sat, 11 Apr 2009 20:33:00 GMTTimely submissions of Billshttps://jtnylaw.com/2009/04/priority-coverage-no-fault-insurance-new-york/https://jtnylaw.com/2009/04/priority-coverage-no-fault-insurance-new-york/Complex analysis of insurance priority coverage rules and the two-way street principle in no-fault vs workers compensation cases, examining Westchester Medical Center decision implications.Fri, 10 Apr 2009 06:52:00 GMTStandingWorkers Compensationhttps://jtnylaw.com/2009/04/workers-compensation-denial-timing-requirements-long-island/https://jtnylaw.com/2009/04/workers-compensation-denial-timing-requirements-long-island/Workers' compensation denial timing requirements and their intersection with no-fault insurance coverage following the Westchester Medical Center case analysis.Sat, 04 Apr 2009 06:28:00 GMTStandingWorkers Compensationhttps://jtnylaw.com/2009/04/lmk-attorney-fee-calculation-problems-ny-no-fault/https://jtnylaw.com/2009/04/lmk-attorney-fee-calculation-problems-ny-no-fault/Expert analysis of LMK attorney fee calculation issues in NY no-fault cases. Long Island attorney explains court decision problems. Call 516-750-0595.Sat, 04 Apr 2009 05:58:00 GMTAttorney feeStatutory interesthttps://jtnylaw.com/2009/04/medical-evidence-rules-wagman-ny-personal-injury/https://jtnylaw.com/2009/04/medical-evidence-rules-wagman-ny-personal-injury/Expert analysis of medical evidence rules in NY personal injury cases. Long Island attorney explains Wagman implications. Call 516-750-0595.Sat, 04 Apr 2009 05:36:00 GMTEvidenceHearsayhttps://jtnylaw.com/2009/03/ny-nj-insurance-laws-cross-state-claims/https://jtnylaw.com/2009/03/ny-nj-insurance-laws-cross-state-claims/Expert legal guidance on NY-NJ cross-state insurance claims. Long Island attorney explains choice of law implications. Call 516-750-0595.Sun, 22 Mar 2009 05:40:00 GMTChoice of lawhttps://jtnylaw.com/2009/03/medical-necessity-evidence-standards-long-island-no-fault/https://jtnylaw.com/2009/03/medical-necessity-evidence-standards-long-island-no-fault/Learn the evidence standards for challenging medical necessity in NY no-fault insurance cases. Expert analysis from Long Island personal injury attorney.Thu, 19 Mar 2009 05:36:00 GMTMedical NecessitySufficiency of medical oppositionhttps://jtnylaw.com/2009/03/mri-quality-long-island-personal-injury-claims/https://jtnylaw.com/2009/03/mri-quality-long-island-personal-injury-claims/Learn how MRI quality issues can impact Long Island personal injury claims and no-fault insurance coverage. Expert analysis of imaging standards and case outcomes.Fri, 06 Mar 2009 07:26:00 GMTNo-Faulthttps://jtnylaw.com/2009/03/defeat-medical-necessity-motion-peer-review-long-island/https://jtnylaw.com/2009/03/defeat-medical-necessity-motion-peer-review-long-island/Learn effective strategies for defeating medical necessity motions in New York no-fault insurance cases. Expert legal insights on peer review challenges.Wed, 04 Mar 2009 07:09:00 GMTMedical NecessitySufficiency of medical evidencehttps://jtnylaw.com/2009/02/euo-validity-appellate-term-analysis-long-island/https://jtnylaw.com/2009/02/euo-validity-appellate-term-analysis-long-island/Expert analysis of EUO validity issues in NY insurance law. Long Island insurance attorney Jason Tenenbaum explains appellate decisions. Call 516-750-0595.Thu, 26 Feb 2009 06:34:00 GMTEUO issuesSufficiency of letters and requestsTimeliness of requestshttps://jtnylaw.com/2009/02/ny-medical-necessity-challenges-continental-medical-case/https://jtnylaw.com/2009/02/ny-medical-necessity-challenges-continental-medical-case/Analyzing NY no-fault medical necessity challenges from Continental Medical v. Mercury Casualty case, examining CPLR 2106 affirmation defects and IME report requirements.Thu, 26 Feb 2009 06:25:00 GMT2106 and 2309EvidenceMedical NecessityProcedural IssuesSufficiency of medical evidencehttps://jtnylaw.com/2009/02/ny-no-fault-insurance-interest-east-acupuncture-decision/https://jtnylaw.com/2009/02/ny-no-fault-insurance-interest-east-acupuncture-decision/NY Appellate Division's East Acupuncture decision changes no-fault insurance interest calculations for Long Island healthcare providers and attorneys.Fri, 20 Feb 2009 18:23:00 GMTStatutory interesthttps://jtnylaw.com/2009/02/medical-expert-testimony-personal-injury-ny/https://jtnylaw.com/2009/02/medical-expert-testimony-personal-injury-ny/Learn how medical expert testimony affects personal injury cases in NY. Discover why proper medical evidence is crucial for overcoming preexisting condition defenses.Sun, 15 Feb 2009 20:31:00 GMTCausationCoveragehttps://jtnylaw.com/2009/01/summary-judgment-causation-personal-injury-ny/https://jtnylaw.com/2009/01/summary-judgment-causation-personal-injury-ny/Learn how New York courts evaluate medical evidence in personal injury cases through key appellate decisions on causation, expert testimony, and preexisting conditions.Sun, 25 Jan 2009 23:46:00 GMTCausationCoveragehttps://jtnylaw.com/2009/01/allstate-cards-stacked-insurance-claims-box-16/https://jtnylaw.com/2009/01/allstate-cards-stacked-insurance-claims-box-16/Understanding Allstate insurance claim denials and Box #16 independent contractor issues in NY. Expert legal guidance for Long Island practitioners. Call 516-750-0595.Sun, 25 Jan 2009 23:30:00 GMTIndependent contractorStandinghttps://jtnylaw.com/2009/01/the-court-offers-some-guidance-as-to-the-business-records-exception/https://jtnylaw.com/2009/01/the-court-offers-some-guidance-as-to-the-business-records-exception/New York Court guidance on business records exception under CPLR 4518 for Long Island and NYC practitioners handling personal injury and litigation cases.Sun, 25 Jan 2009 23:28:00 GMTBusiness recordsEvidencePrima Facie casehttps://jtnylaw.com/2009/01/written-opposition-the-key-to-beating-people-on-procedural-defects/https://jtnylaw.com/2009/01/written-opposition-the-key-to-beating-people-on-procedural-defects/Master written opposition strategies to defeat procedural challenges in NY courts. Expert guide for Long Island & NYC attorneys on countering litigation gamesmanship.Sun, 25 Jan 2009 23:10:00 GMTEvidenceHearsayProcedural Issueshttps://jtnylaw.com/2009/01/cplr-3211a-you-may-cure-pleadings-in-opposition-to-a-preanswer-motion/https://jtnylaw.com/2009/01/cplr-3211a-you-may-cure-pleadings-in-opposition-to-a-preanswer-motion/Learn how CPLR 3211(a) allows defendants to cure pleadings when opposing pre-answer motions in New York civil litigation. Essential guide for Long Island attorneys.Sun, 25 Jan 2009 22:55:00 GMTProcedural Issueshttps://jtnylaw.com/2008/12/foundation-requirements-medical-malpractice-expert-testimony/https://jtnylaw.com/2008/12/foundation-requirements-medical-malpractice-expert-testimony/New York medical malpractice expert testimony foundation requirements. Learn critical standards for expert witness preparation in Nassau and Suffolk County cases.Sun, 28 Dec 2008 09:32:00 GMTAdjournmentsDefaultsEvidenceExpertsMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2008/12/medical-necessity-summary-judgment-motions-new-york/https://jtnylaw.com/2008/12/medical-necessity-summary-judgment-motions-new-york/New York medical necessity summary judgment motions are evolving with stricter expert testimony standards, creating opportunities for skilled no-fault insurance attorneys.Sun, 28 Dec 2008 09:14:00 GMTEvidenceExpertsMedical NecessitySufficiency of medical evidenceSufficiency of medical oppositionhttps://jtnylaw.com/2008/12/criminal-court-procedure-accelerated-judgment-motions-ny/https://jtnylaw.com/2008/12/criminal-court-procedure-accelerated-judgment-motions-ny/New York criminal court procedure differences from civil rules - essential knowledge for Long Island and NYC attorneys handling diverse case types.Fri, 26 Dec 2008 09:00:00 GMTNo-Faulthttps://jtnylaw.com/2008/12/no-fault-additional-verification-requirements-new-york-2/https://jtnylaw.com/2008/12/no-fault-additional-verification-requirements-new-york-2/Navigate NY no-fault additional verification disputes. Long Island attorney guides healthcare providers. Call 516-750-0595 free consultation.Fri, 26 Dec 2008 08:55:00 GMTAdditional Verificationhttps://jtnylaw.com/2008/12/no-fault-insurance-procedural-defects-new-york/https://jtnylaw.com/2008/12/no-fault-insurance-procedural-defects-new-york/Navigate NY no-fault insurance procedural requirements. Long Island attorney Jason Tenenbaum helps with claims, denials. Call 516-750-0595 free consultation.Wed, 10 Dec 2008 08:27:00 GMTHypo-technical defectsProcedural Issueshttps://jtnylaw.com/2008/11/recent-procedural-developments-ny-no-fault-insurance-law/https://jtnylaw.com/2008/11/recent-procedural-developments-ny-no-fault-insurance-law/Recent 2008 New York no-fault insurance procedural decisions on stipulations, discovery sanctions, and precluded defenses affecting Nassau, Suffolk, Queens litigation.Mon, 17 Nov 2008 04:18:00 GMTcollateral estoppelDiscoveryDiscovery sanctionsEvidencehttps://jtnylaw.com/2008/10/appellate-division-second-department-no-fault-insurance-ruling/https://jtnylaw.com/2008/10/appellate-division-second-department-no-fault-insurance-ruling/Appellate Division Second Department's Art of Healing ruling reshapes no-fault insurance prima facie case requirements, rejecting literal Mary Immaculate interpretation for NY providers.Fri, 17 Oct 2008 04:33:00 GMTPrima Facie casehttps://jtnylaw.com/2008/10/prima-facie-appellate-term-schizophrenia-ny-insurance-law/https://jtnylaw.com/2008/10/prima-facie-appellate-term-schizophrenia-ny-insurance-law/Analysis of prima facie evidence requirements in New York no-fault insurance litigation, examining appellate court inconsistencies in the Mary Immaculate Hospital case.Thu, 16 Oct 2008 05:55:00 GMTBusiness recordsEvidencePrima Facie casehttps://jtnylaw.com/2008/10/ny-no-fault-medical-necessity-four-corners-doctrine-pip-claims/https://jtnylaw.com/2008/10/ny-no-fault-medical-necessity-four-corners-doctrine-pip-claims/Challenge NY no-fault medical necessity denials. Expert analysis of four corners doctrine and PIP jurisprudence for Long Island and NYC victims.Wed, 15 Oct 2008 05:37:00 GMTMedical NecessityPreservation of defenses on NF-10https://jtnylaw.com/2008/10/dan-medical-is-safe-for-now-well-sort-of/https://jtnylaw.com/2008/10/dan-medical-is-safe-for-now-well-sort-of/Understand NY no-fault insurance law & the Bajaj case impact on Long Island residents. Expert legal analysis. Call 516-750-0595 for free consultation.Mon, 13 Oct 2008 06:01:00 GMTPrima Facie casehttps://jtnylaw.com/2008/10/ny-no-fault-non-cooperation-progressive-strough-analysis/https://jtnylaw.com/2008/10/ny-no-fault-non-cooperation-progressive-strough-analysis/Learn about non-cooperation defenses in NY no-fault claims. Expert analysis of Progressive v Strough case for Long Island and NYC accident victims.Sat, 11 Oct 2008 19:30:00 GMTGeneral non-cooperationhttps://jtnylaw.com/2008/10/ny-no-fault-causation-state-farm-stack-case-analysis/https://jtnylaw.com/2008/10/ny-no-fault-causation-state-farm-stack-case-analysis/Learn how to prove causation in NY no-fault insurance claims. Expert analysis of State Farm v Stack case for Long Island and NYC accident victims.Sat, 11 Oct 2008 19:29:00 GMTArbitrationsArticle 75CausationCoveragehttps://jtnylaw.com/2008/10/competent-evidence-fee-schedule-defense-long-island/https://jtnylaw.com/2008/10/competent-evidence-fee-schedule-defense-long-island/NY insurance carriers must provide competent evidence for fee schedule denials. Long Island personal injury lawyer explains OS Tigris case. Call 516-750-0595.Sat, 11 Oct 2008 19:28:00 GMTFee Schedulehttps://jtnylaw.com/2008/10/professional-legal-conduct-long-island-attorneys/https://jtnylaw.com/2008/10/professional-legal-conduct-long-island-attorneys/Great Wall case teaches NY attorneys to avoid personal attacks. Long Island lawyer explains professional conduct standards in court. Call 516-750-0595.Sat, 11 Oct 2008 19:28:00 GMTNo-Faulthttps://jtnylaw.com/2008/10/fee-schedule-defense-appellate-division-gives-due-deference-to-the-doi/https://jtnylaw.com/2008/10/fee-schedule-defense-appellate-division-gives-due-deference-to-the-doi/Expert legal analysis on fee schedule defense in New York. Long Island personal injury attorney explains DOI deference and your no-fault rights. Call 516-750-0595.Sat, 11 Oct 2008 19:26:00 GMTFee Schedule