David M Barshay

October 09, 2014 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay asks: What happens when an insurer denies all future benefits based on the results of an independent medical examination, but subsequently demands the injured person submit to an examination under oath? Must an insurer have a reasonable basis for requesting an EUO?

By David M. Barshay

11 minute read

June 17, 2014 | Commercial Litigation Insider

In his No-Fault Insurance Law Wrap-Up, David M. Barshay, a member of Baker Sanders, writes in the New York Law Journal: The granting of partial summary judgment is an effective tool used by the courts to dispose of those elements of a party's case that are not in dispute and thus save the parties, and the court, the time and expense of calling unnecessary witnesses to establish facts that are not in dispute, and to avoid making a trial last longer than actually needed.

By David M. Barshay

10 minute read

June 12, 2014 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay, a member of Baker Sanders, writes: The granting of partial summary judgment is an effective tool used by the courts to dispose of those elements of a party's case that are not in dispute and thus save the parties, and the court, the time and expense of calling unnecessary witnesses to establish facts that are not in dispute, and to avoid making a trial last longer than actually needed.

By David M. Barshay

9 minute read

April 10, 2014 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay, a member of Baker Sanders, reviews two recent decisions concerning the retroactive cancellation of an insurance policy based on material misrepresentation in the procurement of the policy, and a third involving the Independent Medical Examination no-show defense.

By David M. Barshay

15 minute read

February 13, 2014 | New York Law Journal

In their No-Fault Insurance Law Wrap-Up, David M. Barshay, a member of Baker Sanders, writes: The burden of a plaintiff medical provider assignee in proving its prima facie case in a no-fault action appears relatively simple, yet it has been the subject of scores of appellate cases. Recently, the Second Department revisited this issue and clarified what is, and more importantly what is not, the plaintiff's prima facie burden.

By David M. Barshay

10 minute read

December 19, 2013 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up column, David M. Barshay, a member of Baker Sanders, summarizes the no-fault statute of limitations and discusses what happens when a claimant fails to appear for a scheduled EUO or IME.

By David M. Barshay

10 minute read

February 11, 2010 | New York Law Journal

David M. Barshay, a partner at Baker, Sanders, Barshay, Grossman, Fass, Muhlstock and Neuwirth, and David M. Gottlieb, an associate with the firm, review rulings on topics including erroneous claim forms, early follow-up verification requests, EBTs of assignors, and bad faith causes of action.

By David M. Barshay and David M. Gottlieb

14 minute read

April 08, 2010 | New York Law Journal

David M. Barshay, a partner at Baker, Sanders, Barshay, Grossman, Fass, Muhlstock & Neuwirth, and David M. Gottlieb, an associate with the firm, review recent decisions of interest, including the Appellate Term's rejection of an argument that plaintiff had no standing to maintain its action because the assignment was signed by a minor and was therefore defective, and a finding that although the defendant and the lower court referred to a motion as a motion to dismiss for failure to state a cause of action, the Appellate Term determined that the motion was actually a motion for summary judgment, and that the lower court properly treated it as one.

By David M. Barshay and David M. Gottlieb

11 minute read

April 11, 2013 | New York Law Journal

In his Debtor-Creditor Law Wrap-Up, David M. Barshay, a member of Baker Sanders, writes that in the wake of the passage of a much anticipated law that provides protections for legally privileged information submitted to the Consumer Financial Protection Bureau, many in the industry are breathing a collective sigh of relief. However, some industry leaders have clearly expressed the opinion that the new law has some significant limitations.

By David M. Barshay

11 minute read

October 23, 2013 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay, a member of Baker Sanders, writes that it can hardly be disputed that the reality of handling a no-fault claim today is not the same as handling such a claim 25 years ago, when the minimum and maximum amount of statutory attorney fees in no-fault matters were established. A public comment period on the reasonableness, or lack thereof, of the attorney fee provisions ended this month, bringing the possibility of change.

By David M. Barshay

10 minute read