David M Barshay

October 16, 2024 | New York Law Journal

This article provides a summary of recent decisions concerning MVAIC coverage.

By David M. Barshay and Steven J. Neuwirth

9 minute read

August 15, 2024 | New York Law Journal

"In this edition of the No-Fault Wrap-Up, we discuss several recent court decisions concerning no-fault arbitration awards," write David M. Barshay and Steven J. Neuwirth.

By David M. Barshay and Steven J. Neuwirth

12 minute read

June 24, 2024 | New York Law Journal

A no-fault insurer is entitled to request from an applicant any additional verification it deems necessary to process the claimant's claim. "The insurer is entitled to receive all items necessary to verify the claim directly from the parties from whom such verification was requested.

By David M. Barshay and Steven J. Neuwirth

13 minute read

April 12, 2024 | New York Law Journal

Motorized scooters, mopeds and E-bikes are becoming more popular in both New York state and nationally. Several pieces of legislation have been passed allowing or expanding the use of lower speed E-bikes and E-scooters. Yet, the convenience and affordability also comes with a price in the form of injuries, sometimes fatal.

By David M. Barshay and Steven J. Neuwirth

12 minute read

August 09, 2023 | New York Law Journal

An insurer may require a no-fault claimant (either the individual injured person or his/her assignee medical provider) to appear for an examination under oath (EUO) 11 NYCRR 65-3.5. If a claimant fails to appear for two scheduled EUOs, the insurer may deny the claim, provided it is raised in a timely denial of claim form.

By David M. Barshay and Steven J. Neuwirth

12 minute read

April 13, 2022 | New York Law Journal

The accrual of interest can certainly add up, and will surpass the principal amount after a little more than four years under the current (simple interest) regulations and after three years under the old (compound interest) regulations.

By David M. Barshay and Steven J. Neuwirth

11 minute read

June 09, 2021 | New York Law Journal

In this edition of their No-Fault Insurance Law Wrap-Up, David M. Barshay and Steven J. Neuwirth discuss some recent notable opinions, including a case in which a Florida court denied a request for additional attorney fees; another where plaintiff's acceptance of a check resulted in unintentional waiver of claims; and another where an appellate court agreed that plaintiff's case should be dismissed, but left open the issue of whether the dismissal was with or without prejudice.

By David M. Barshay and Steven J. Neuwirth  

10 minute read

April 07, 2021 | New York Law Journal

In this edition of their No-Fault Insurance Law Wrap-Up, David M. Barshay and Steven J. Neuwirth provide an update on a prior split between the Appellate Terms in the First and Second Departments concerning exhaustion of the policy limits, and discuss decisions involving conflicts of law and discoverability of a special investigative unit (SIU) file, respectively.

By David M. Barshay and Steven J. Neuwirth

10 minute read

December 10, 2020 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses recent decisions, including a denial of an insurer's summary judgment motion in a case where a motor vehicle accident was allegedly staged.

By David M. Barshay

9 minute read

October 07, 2020 | New York Law Journal

Certain ground rules contained in the revised fee schedule (requiring that chiropractors, podiatrists and psychologists bill only under their own respective fee schedules), however, took effect for no-fault claims on April 1, 2019, writes No-Fault Insurance Law Wrap-Up columnist David M. Barshay.

By David M. Barshay

11 minute read