David M Barshay

August 12, 2020 | New York Law Journal

In his No-Fault Insurance Wrap-Up, David M Barshay looks at some of the regulatory changes that affect the handling and litigation of no-fault claims during the COVID-19 pandemic.

By David M. Barshay

10 minute read

February 11, 2020 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses recent decisions in the field, including what rates apply for acupuncture and cupping services.

By David M. Barshay

14 minute read

December 11, 2019 | New York Law Journal

With certain exceptions, an insurer (for claims for services on or after April 1, 2013) may be permitted to deny a claim if the applicant fails to properly respond to the verification request within 120 days of the initial request. In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses the impact of this rule and cases addressing it.

By David M. Barshay

10 minute read

August 07, 2019 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses the regulations and landmark decisions pertaining to insurance carriers withholding payment for medical services provided by fraudulently incorporated enterprises to which patients have assigned their claims.

By David M. Barshay

9 minute read

June 12, 2019 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses recent cases involving: a claimant's eligibility for coverage hinging upon his/her residence; additional attorney fees to successful applicants; and the applicability of collateral estoppel.

By David M. Barshay

12 minute read

April 10, 2019 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay provides an in-depth look at changes to the Worker's Compensation Board's Medical Fee Schedule, which became effective April 1, 2019, and also analyzes a recent decision illustrating that a defendant who ignores or delays paying a duly entered judgment does so at its own peril, as interest will continue to accrue, sometimes at a tremendous amount, until the judgment is paid.

By David M. Barshay

11 minute read

December 12, 2018 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses cases weighing-in on an insurer's burden to request additional verification to support by-report codes, and a recent Fourth Department ruling requiring timely denial for EUO/IME no-show defense.

By David M. Barshay

10 minute read

October 22, 2018 | New York Law Journal

In this No-Fault Insurance Law Wrap-Up, David M. Barshay provides a synopsis of several of the major changes contained in the proposed amended Fee Schedule most likely to affect automobile accident victims and their health care providers seeking reimbursement for provided treatment.

By David M. Barshay

7 minute read

October 10, 2018 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up David M. Barshay discusses, among other issues, 'Matter of Global Liberty Ins. Co. v. ISurply', which is instructive as to the proper rental fee for durable medical equipment.

By David M. Barshay

10 minute read

August 13, 2018 | FC&S Insurance

An insurer may require that an applicant for no-fault benefits, be it the injured person or his/her medical provider, appear for an examination under oath…

By David M. Barshay

8 minute read