A new post. It’s only been like a year and a half. Anyway, there’s a new Appellate Division case you should read.Matter of Carothers v GEICO Indem. Co., __ A.D. 3d, __, 2010 NY Slip Op 09256 (2d Dep’t
It's No-Fault of NY
It's No-Fault of NY, published by the Law Offices of Damin J. Toell, focuses on New York no-fault insurance law and related litigation issues. The blog covers topics such as evidentiary standards for medical billing in no-fault claims, examination under oath (EUO) procedures for assignees, the legal implications of assignment of benefits forms, and recent appellate decisions affecting no-fault insurance practice. It also discusses procedural and substantive developments in insurance verification, claim defenses, and the interplay between no-fault regulations and court rulings. The blog serves as a resource for practitioners navigating no-fault personal injury protection claims and insurance disputes in New York.
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Latest from It's No-Fault of NY
Coverage Counsel
I’m not sure how it’s possible, but apparently I never, before now, had a link in my blogroll to Roy A. Mura, Esq.’s wonderful blog Coverage Counsel. Mr. Mura’s posts deal with no-fault issues, as well as a much…
Provider EUOs
David M. Gottlieb, Esq. has previously covered this issue at No-Fault Paradise, but it seems to me that it’s worth some additional attention.On June 24, 2009, the NYS Insurance Department issued an opinion letter entitled “Examinations Under Oath of…
An Addition to the Blogroll
I’ve been meaning to add it in for a while, but now that I finally got around to updating the layout of the blog (which shouldn’t look much different to the reader, hopefully), I’ve added a link to No Fault…
The Death of the Assignment of Benefits?
In 2007, the Court of Appeals reaffirmed the longstanding Appellate Division case law “that a carrier’s failure to seek verification or object to the adequacy of claim forms pursuant to 11 NYCRR 65-3.5 precludes it from interposing any defenses based…
State Farm v. Langan
In State Farm Mut. Auto. Ins. Co. v. Langan, 55 A.D.3d 281 (2d Dep’t, 2008), the Appellate Division, 2d Department, held that, regarding no-fault benefits, a loss is “accidental” where the incident is “unexpected, unusual and unforeseen” from the…
EUO No-Show by Patient Subject to Preclusion
I’ll have a post regarding the unsurprising result in LMK later, but there’s a new decision from the Appellate Division, Second Department that requires some attention.The decision in Westchester Med. Ctr. v. Lincoln Gen. Ins. Co., 2009 NY Slip Op…
MVAIC & Qualified Persons
Judge Noach Dear’s decision in Kipor Medicine P.C. v. MVAIC, 2009 NY Slip Op 29085 (Civ. Ct., Kings Cty., 2009) was published today on the Slip Opinion site. This was published as a Decision of Interest in the New York…
Timeliness of EUO Requests
This morning brings us the Appellate Term, 2d Department’s decision in Great Wall Acupuncture, P.C. v. New York Central Mutual Insurance Company, 2009 NYSlipOp 50224(U) (App. Term, 2d Dep’t, 2009).In a summary judgment motion, “defendant asserted that it timely…
LMK Update
The newly-shaven David M. Gottlieb, Esq. has a great post over at No-Fault Paradise about the oral arguments before in the Court of Appeals in LMK Psychological Servs., P.C. v. State Farm Mut. Auto. Ins. Co., 46 A.D.3d 1290 (3d…