Robyn M Brilliant

July 17, 2020 | New York Law Journal

Despite New York's full lockdown since March 23, with only the first steps of reopening beginning on June 8, insurers continued to receive new no-fault claims.The steps taken to "flatten the curve" created numerous challenges to the no-fault arena and there are a number of issues that have yet to be addressed.

By Robyn M. Brilliant

8 minute read

April 11, 2013 | New York Law Journal

Solo practitioner Robyn M. Brilliant writes: The concepts of "EUO/IME No Show" are well known in the no-fault world. However, what an insurer has to do to establish that an assignor failed to appear at an Examination Under Oath or Independent Medical Examination has generated much litigation, with varying results. It is time for the no-fault regulations to be clarified with regard to the proof and mailing requirements for an insurer to sustain a "no show" defense.

By Robyn M. Brilliant

12 minute read

March 26, 2009 | New York Law Journal

Robyn M. Brilliant, a solo practitioner, writes that as the case law in the area of no-fault litigation is constantly changing, there is a new hot topic dividing the courts. The use of notices to admit and interrogatories in proving plaintiff's prima facie case, she says, has become increasingly popular and has generated decisions with varying results in the lower courts as well as in the appellate courts.

By Robyn M. Brilliant

12 minute read

March 13, 2007 | New York Law Journal

New York practitioners Robyn M. Brilliant and Jonathan Tolpin write that a review of the current case load in the civil and district courts involving disputes between medical providers and insurers reveals that the courts are more involved in No Fault disputes than ever and, accordingly, the No-Fault Law, intended to diminish disputes, has given rise to judicial review and a series of appellate court decisions affecting the current state of affairs in No-Fault Law and litigation.

By Robyn M. Brilliant and Jonathan Tolpin

10 minute read