David M Barshay

December 09, 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

October 08, 2015 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses 'Viviane Etienne Medical Care v. Country-Wide Ins. Co.', where the Court of Appeals held that the plaintiff, a medical provider office, demonstrated "prima facie entitlement to summary judgment by submitting evidence that payment of no-fault benefits are overdue, and proof of its claim, using the statutory billing form, was mailed to and received by the defendant insurer."

By David M. Barshay

10 minute read

October 07, 2015 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses 'Viviane Etienne Medical Care v. Country-Wide Ins. Co.', where the Court of Appeals held that the plaintiff, a medical provider office, demonstrated "prima facie entitlement to summary judgment by submitting evidence that payment of no-fault benefits are overdue, and proof of its claim, using the statutory billing form, was mailed to and received by the defendant insurer."

By David M. Barshay

10 minute read

June 11, 2015 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay reviews 'GEICO v. Avanguard Med. Group,' where the issue presented on appeal was whether a no-fault insurer was required to pay no-fault medical benefits to an office-based surgical facility not accredited under Public Health Law Article 28.

By David M. Barshay

10 minute read

June 10, 2015 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay reviews 'GEICO v. Avanguard Med. Group,' where the issue presented on appeal was whether a no-fault insurer was required to pay no-fault medical benefits to an office-based surgical facility not accredited under Public Health Law Article 28.

By David M. Barshay

10 minute read

April 09, 2015 | New York Law Journal

In his Debtor-Creditor Law Wrap-Up, David M. Barshay writes: in addition to following federal statutory requirements, debt collectors in New York City have been required to follow somewhat more stringent rules with respect to the collection of consumer debt. Now, the New York State Department of Financial Services has joined in.

By David M. Barshay

6 minute read

April 08, 2015 | New York Law Journal

In his Debtor-Creditor Law Wrap-Up, David M. Barshay writes: in addition to following federal statutory requirements, debt collectors in New York City have been required to follow somewhat more stringent rules with respect to the collection of consumer debt. Now, the New York State Department of Financial Services has joined in.

By David M. Barshay

6 minute read

February 11, 2015 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses the Department of Financial Services' amendment of the attorney fee provisions of the No-Fault Regulations, which may make prosecution of files on behalf of providers that submit larger claims somewhat more palatable, but will likely have a devastating effect on small providers.

By David M. Barshay

11 minute read

February 10, 2015 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses the Department of Financial Services' amendment of the attorney fee provisions of the No-Fault Regulations, which may make prosecution of files on behalf of providers that submit larger claims somewhat more palatable, but will likely have a devastating effect on small providers.

By David M. Barshay

11 minute read

December 26, 2014 | New York Law Journal

In his No Fault Insurance Law Wrap-Up, David M. Barshay writes: In the context of no-fault actions, the doctrine of collateral estoppel is usually raised with respect to a declaratory action or other such action in which a determination is made affecting the entire claim, and the insurer obtains a judgment relieving it from paying a particular claim.

By David M. Barshay

12 minute read