David M Barshay

April 20, 2017 | FC&S Insurance

In our June 9, 2016, No-Fault Insurance Law Wrap-Up column,1 we reported on several appellate decisions concerning an insurer’s obligation…

By David M. Barshay

11 minute read

April 12, 2017 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay reviews recent holdings, one of which saw the Appellate Term, Second Department, in contrast with the Appellate Term, First Department, reject the argument that an insurer's denial of a claim permits it to pay subsequent claims, which can lead to policy exhaustion before the contested earlier claim is litigated or arbitrated.

By David M. Barshay

22 minute read

February 08, 2017 | New York Law Journal

In his No-Fault Insurance Wrap-Up, David M. Barshay analyzes a recent decision in which a physician established a relative value to bill for services but did not provide a supporting report justifying that value, along with recent decisions that involved vacating arbitration awards.

By David M. Barshay

25 minute read

December 07, 2016 | New York Law Journal

In his Debtor-Creditor Rights Wrap-up, David M. Barshay surveys cases dealing with consumers' standing to sue for "procedural" violations under consumer protection statutes, particularly the Fair Debt Collections Practices Act, particularly after 'Spokeo, Inc. v. Robins', in which the U.S. Supreme Court considered whether a violation of a statutory right granted by the Fair Credit Reporting Act was a sufficient injury in fact to maintain an action in federal court. The court determined that if such injury is both "particularized" and "concrete," standing is present.

By David M. Barshay

20 minute read

October 12, 2016 | New York Law Journal

No-Fault Insurance Law Wrap-Up Columnist David M. Barshay examines key decisions relating to the tolling of interest, where misrepresentation of military status is a precludable defense and policy cancellation.

By David M. Barshay

18 minute read

August 10, 2016 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay writes: The distinction between an affidavit, which is sworn to before a notary public or other public official, and an affirmation, which is subscribed and affirmed by the witness without the necessity of a notarization, while arguably a technicality, has been the subject of several no-fault related decisions.

By David M. Barshay

21 minute read

June 09, 2016 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay writes: If an insurer receives a bill for an earlier date of service, but does not pay it, and then receives and pays subsequent bills which exhaust the policy, is the insurer obligated to pay the earlier bill? Not surprisingly, there are several schools of thought as to whether an insurer must pay the earlier bill.

By David M. Barshay

11 minute read

April 14, 2016 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses the recent Court of Appeals decision on whether a no-fault insurer is required to pay no-fault medical benefits to an office-based surgical facility not licensed under Public Health Law Article 28.

By David M. Barshay

21 minute read

February 11, 2016 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay reviews an interesting case on whether an act of self-defense by the insured resulting in fatal injuries to another person is a covered act under a liability policy, requiring the insurer to indemnify the insured for a wrongful death claim by the injured person's estate, along with several recent decisions on out-of-state policies.

By David M. Barshay

11 minute read

December 10, 2015 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay writes that generally, to prevail on a medical examination "no-show" defense, an insurer must prove both the mailing of its scheduling letters and the injured person's non-appearance. However, the Appellate Divisions are split on whether an insurer must raise the defense in a timely denial in order to preserve such defense.

By David M. Barshay

9 minute read