David M Barshay

August 08, 2018 | New York Law Journal

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 (EUO) to answer questions pertaining to his/her eligibility to collect benefits.

By David M. Barshay

3 minute read

June 18, 2018 | FC&S Insurance

In a December 2013 No-Fault Insurance Wrap-up column, we reported on the split in the Judicial Departments regarding the statute of limitations for commencing…

By David M. Barshay

8 minute read

June 13, 2018 | New York Law Journal

In this No-Fault Insurance Wrap-Up, David M. Barshay explains the statute of limitations for an action to recover no-fault insurance benefits against a self-insured. He also looks at motions to sever purportedly unrelated claims.

By David M. Barshay

4 minute read

April 11, 2018 | New York Law Journal

In his No-Fault Insurance Law Wrap Up, David M. Barshay discusses the issues involved when an insurance policy is at or near exhaustion, including whether an insurer can ever be deemed to have waived its policy exhaustion defense.

By David M. Barshay

9 minute read

April 11, 2018 | FC&S Insurance

Both the No-Fault statute (Ins. Law §5101, et seq.) and the corresponding no-fault regulations (11 NYCRR 65-1.1, et seq.) provide for basic personal…

By David M. Barshay

9 minute read

February 08, 2018 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay analyzes two cases, one tackling issues with questions at an examination under oath, and another presenting a scenario wherein a non-moving party not only failed to oppose a motion, but apparently agreed to the order granting the motion.

By David M. Barshay

10 minute read

October 11, 2017 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses recent cases involving interest to be paid on overdue claims.

By David M. Barshay

26 minute read

August 23, 2017 | FC&S Insurance

The No-Fault Regulations, 11 NYCRR §65-1.1,1 provide, in pertinent part:Conditions Action Against Company. No action shall lie against…

By David M. Barshay

12 minute read

August 09, 2017 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses what qualifies as "timely written notice" of an accident beyond a No-Fault Application N-F 2 form, and the continuing hot topic of the examination under oath/independent medical exam no-show defense.

By David M. Barshay

24 minute read

June 07, 2017 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay reviews recent cases involving an expert witness of a different specialty than the prescribing or treating physician, requests for adjournment or continuance due to unavailability of expert medical witnesses, and no fault coverage for a pedestrian that was not hit by the insured vehicle.

By David M. Barshay

9 minute read